Case law

Board of Managers v. Cheskiy

109 A.D.3d 944 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 2013

of Directors of Squire Green at Pawling Homeowners Assn., Inc. v Bell, 89 AD3d 657 [2011]; Board of Directors of Hunt Club at Coram Homeowners Assn., Inc. v Hebb, 72 AD3d 997 [2010]). … Board of Mgrs., One Union Sq.

Lucia v. Board of Education

109 A.D.3d 545 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 2013

Dist., 101 AD3d 1026 [2012]; Matter of Trupiano v Board of Educ. of E. Meadow Union Free School Dist., 89 AD3d 1030 [2011]). … Dist, 101 AD3d at 1027 ; Matter of Trupiano v Board of Educ. of E. Meadow Union Free School Dist, 89 AD3d at 1032 ).

Dexter v. Board of Higher Education

267 A.D. 189 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1943

The case differs from Matter of Adams v. Board of Higher Education ( 288 N. … Whatever may be the legal effect of the designation of plaintiff’s position by a title not enumerated in defendant’s filed schedules (see Story v. Craig, 231 N. Y. 33 ; Matter of Carr v. Kern, 279 N.

Alamit Properties Co. v. Planning Board of Harrison

159 A.D.2d 703 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1990

Andrew v Barwick, 67 NY2d 510, 519 , cert denied 479 US 985 , quoting from Williamson Planning Commn. v Hamilton Bank, 473 US 172, 193 ). … Andrew v Barwick, supra, at 521-522). Kooper, J. P., Harwood, Balletta and Miller, JJ., concur.

Ficalora v. Town Board Government of East Hampton

276 A.D.2d 666 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2000

the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 1, 1999, which denied his motion for the court to recuse itself, and granted the cross motion of the defendant Town Board … Facilities v Pryke, 172 AD2d 338 ).

Rotanelli v. Board of Elections

109 A.D.3d 562 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 2013

“The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with” *563 (Matter of Hennessey v DiCarlo, 21 AD3d 505, 505 [2005]; see Matter of Nunziato v Messano, … 87 AD3d 647 [2011]; Matter of Gorman v Board of Elections in the City of N.Y., 76 AD3d 658 [2010]; Matter of Del Villar v Vekiarelis, 59 AD3d 642, 643 [2009]).

Holy Spirit Ass'n v. Rosenfeld

91 A.D.2d 190 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1983

Brown, 22 NY2d 488, 494 ). … v Lane, 37 NY2d 575 , cert den 424 US 968 ; Matter of Brown v McGinnis, 10 NY2d 531, 536 ; People v Woodruff, 26 AD2d 236, 238 , affd 21 NY2d 848 ).

Gangemi v. Board of Elections

109 A.D.3d 541 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 2013

Rule D6 provides for a final determination of invalidity upon a potential candidate’s failure to cure a defect within his or her designating petition (see Matter of Leroy v Board of Elections in City of N.Y., 65 AD3d 645, … Accordingly, the Supreme Court properly dismissed the proceeding as untimely (see Election Law § 16-102 [2]; Matter of McDonough v Scannapieco, 65 AD3d 647, 648 [2009]; Matter of Leroy v Board of Elections in City of N.Y.

Otsego 2000, Inc. v. Planning Board of Otsego

171 A.D.2d 258 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1991

the preservation and promotion of the natural beauty, wholesome environment and varied economic landscape of the Otsego Lake region, has standing to maintain this proceeding to annul a determination of respondent Planning Board … Board of Zoning & Appeals, 69 NY2d 406, 414 ).

Bonilla v. New York State Board of Parole

32 A.D.3d 1070 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 2006

Although respondent emphasized petitioner’s instant offense, it was not required to give equal weight to or discuss every factor it considered in rendering its determination (see Matter of Vasquez v Dennison, 28 AD3d 908 … [2006]; Matter of Prout v Dennison, 26 AD3d 540, 541 [2006]).

Tonawanda Board & Paper Co. v. City of Tonawanda

198 A.D. 760 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1921

(Walla Walla v. Walla Walla Water Co., 172 U. S. 1 ; Omaha Water Co. v. City of Omaha, 147 Fed. Rep. 1; appeal dismissed, 207 U. S. 584 ; Gushee v. City of New York, 42 App. Div. 37 ; Drew v. … (Ketchum v. City of Buffalo, 14 Ñ. Y. 356; Messenger v. City of Buffalo, 21 id. 196; City of New York v. Delli Paoli, 202 id. 18; Gushee v. City of New York, supra; Bradley v. Village of Union, 164 App.

Witter v. New York City Board of Estimate

156 A.D.2d 285 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1989

(Matter of Levine v Board of Estimate, 143 AD2d 598, 599 ; Izquierdo v Board of Estimate, 141 AD2d 337, 338 ; Matter of Wilson v City of New York, 135 AD2d 441, 442 ; Solomon v City of New York, Dept, of Gen. … v Board of Estimate, 109 AD2d 799 ).

Board of Education v. Miller Place Teachers' Ass'n

70 A.D.2d 944 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1979

The matter was not resolved and the respondent ultimately served a demand for arbitration specifying the nature of the dispute as follows: "Did the Board violate Article V, Section A, paragraphs 1, 2 and 4 [of the contract … [Oneonta Teachers Assn.], 59 AD2d 797, 798 ; see, also, Board of Educ. v Newfane Teachers Assn., 54 AD2d 1119 ).

Silverman v. New York State Workers' Compensation Board

101 A.D.3d 1422 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2012

’s judgment, grant the petition and annul the Board’s determination. … While I agree that the Board’s interpretation of its own regulations is entitled to some deference, the Board did not explain in its determination either what constitutes a proscribed “partnership” within the meaning of 12

Bridon Realty Co. v. Town Board of Clarkstown

250 A.D.2d 677 · Appellate Division of the Supreme Court of the State of New York · May 11, 1998

County of Suffolk, 77 NY2d 761, 773 ; Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406 ). … Here, the petitioners’ property is not in such close proximity to the rezoned parcel as to create an inference of injury in fact (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, supra, at 414; Matter of Darlington

Beckwith v. New York State Racing & Wagering Board

219 A.D.2d 516 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 1995

Determination of respondent New York State Racing and Wagering Board dated December 7, 1994, which suspended petitioner’s harness race horse trainer’s license for 180 days, unanimously confirmed, the petition denied and the … dangerous and unapproved drug, the use of which respondent strictly prohibits, to three of his horses within a week prior to the start of their respective races, in violation of 9 NYCRR 4120.2 (e) (see, Matter of Mosher v

Erhardt v. New York State Board

278 A.D. 751 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1951

Brackett v. Kaiser, 209 App. Div. 722 ). All concur. (Appeal from an order denying petitioner’s application to compel defendant to credit him with compensation time.) Present — Taylor, P.

Thornton v. New York City Board/Department of Education

125 A.D.3d 444 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 2015

the petition and dismissing this hybrid proceeding brought pursuant to CPLR article 78 and 42 USC § 1983 , unanimously reversed, on the law, without costs, the article 78 claims are remanded to respondent New York City Board … Corp. v Egan, 145 AD2d 795, 798 [3d Dept 1988]; see also Matter of Mitchell v New York City Dept. of Correction, 94 AD3d 583 [1st Dept 2012]).

Johnson v. New York City Board of Education

270 A.D.2d 310 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 2000

The plaintiff commenced this action against the New York City Board of Education and the principal of the school to recover damages for physical and emotional injuries based on the events on November 17, 1994, and on March … City of New York, 73 NY2d 930, 932 ; Vitale v City of New York, 60 NY2d 861, 863 ; Bain v New York City Bd. of Educ., 268 AD2d 451 ; Blanc v City of New York, 223 AD2d 522 ).

Donninger Construction, Inc. v. C.W. Brown, Inc.

113 A.D.3d 724 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2014

Accordingly, applying a “center of gravity” or “grouping of contacts” analysis, it is clear that New York is the State which “has the most significant relationship to the transaction and the parties” (Jimenez v Monadnock … Co., Inc. v B & G Elec. Contrs., Div. of B & G Indus., Inc., 96 AD3d 725 , 726 [2012]).