Case law

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]).

Board of Education v. Hogan

109 A.D.3d 817 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2013

Board of Educ. of Westbury Union Free School Dist., 91 AD3d 955 [2012]; Matter of Saunders v Rockland Bd. of Coop. … v Board of Educ. of City of N.Y., 3 AD3d 502, 503 [2004]).

Tompkins County Board of Health v. Whetzel

173 A.D.2d 1050 · Appellate Division of the Supreme Court of the State of New York · May 16, 1991

Co. v Town of Huntington, 74 NY2d 885, 888 ; People v Smith, 63 NY2d 41, 71 , cert denied 469 US 1227 ), it may be found invalid "if there is no reasonable relation between the end sought to be achieved by the regulation … and the means used to achieve that end” (French Investing Co. v City of New York, 39 NY2d 587, 596 , appeal dismissed, cert denied 429 US 990 ; see also, McClure v Board of Trustees, 121 AD2d 699 ; 20 NY Jur 2d, Constitutional

People ex rel. Underwood v. Board of Trustees

171 A.D. 347 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1916

Gleason v. Town Board, 21 App. … (Miller v. City of Amsterdam, 149 N. Y. 288 .)

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]).

People ex rel. Conners v. Board of Education

197 A.D. 5 · Appellate Division of the Supreme Court of the State of New York · May 27, 1921

Harvey v. Duffey, 182 App. Div. 903 ; Gunnison v. Board of Education, 176 N. Y. 11 ; Dannat v. Mayor, 66 id. 585); but I deem it quite clear that it cannot be so held. … Lentilhon v. Coler, 61 App. Div. 223 ; People ex rel. Ajas v. Board of Education, 104 id. 162; People ex rel. Rolf v. Coler , *15 58 id. 131.)

Flacks v. Board of Elections

109 A.D.3d 423 · Appellate Division of the Supreme Court of the State of New York · Aug 14, 2013

Additionally, the *424 ledger maintained by the Board of Elections correctly identified all of the volumes in the petition. … Our decision in Matter of Feliciano v Guastella ( 98 AD3d 434 [2012]), relied upon by the Board of Elections, is factually distinguishable.

Isen Contracting Corp. v. Town Board

279 A.D. 607 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1951

Baddour v. City of Long Beach, 279 N. Y. 167 , and Matter of Beckmann v. Talbot, 278 N. Y. 146 .) They do not include a proceeding such as this against the town board. … However, since no appeal by the town board is before us, we may not disturb the order as to it. Nolan, P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

Davis v. Board of Regents of the University

283 A.D. 591 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1954

This is an appeal by the Board of Regents from an order of the Special Term annulling* the board’s determination suspending the license of the petitioner-respondent to practice medicine for one year. … Neither the result nor the considerations upon which it was based, can he reviewed hy the courts (Matter of Barsky v. Board of Regents, 305 N. Y. 89, 99 ).

Zimmerman v. Board of Regents of the University

31 A.D.2d 560 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1968

Reliance is placed upon Matter of Epstein v. Board of Regents ( 267 App. Div. 27 , revd. 295 N. Y. 154 ) and Matter of Rothenberg v. Board of Regents ( 267 App. Div. 24 , mot. for lv. to app. den. 267 App. Div 852 ). … In Matter of Stammer v. Board of Regents ( 287 N.

Hintze v. New York State Board of Parole

66 A.D.2d 848 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1978

and directed the board "to give the petitioner a new minimum period of imprisonment hearing and to give him meaningful written reasons for any decision.” … Matter of Hergueta v New York State Parole Bd., 63 AD2d 701 ; Matter of Consilvio v New York State Bd. of Parole, 57 AD2d 955 ; Matter of Sturgis v Caldwell, 57 AD2d 728 ; Matter of Odom v Henderson, 57 AD2d 710 ).

Martinez v. New York State Board of Parole

83 A.D.3d 1319 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 2011

[2010], lv denied 16 NY3d 707 [2011]; Matter of Gonzalez v Chair, N.Y. … Notably, it is entitled to place greater emphasis on the seriousness of the crime than on the other factors (see Matter of Watson v New York State Bd. of Parole, 78 AD3d 1367,1368 [2010]; Matter of Perez v Evans, 76 AD3d

Gleason v. New York State Racing & Wagering Board

98 A.D.2d 964 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1983

Memorandum: This CPLR article 78 proceeding was commenced to annul an order of the respondent New York State Racing and Wagering Board revoking petitioner’s license to participate in harness racing. … We agree that petitioner should have been given copies of the statements (Matter of Fenimore Circle Corp. v State Liq. Auth., 27 NY2d 716 ; People v Rosario, 9 NY2d 286 ; Garabedian v New York State Liq.

Claim of Webb v. Cooper Crouse Hinds Co.

62 A.D.3d 57 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 2009

Brown v Clifton Recycling, 1 AD3d 735 , 736 [2003]; Matter of Altes v Petrocelli Elec. … Co., 270 AD2d 767, 769 [2000]; Matter of Losso v Tesco Traffic Servs., 248 AD2d 812, 813 [1998]; see also Matter of Brown v Clifton Recycling, 1 AD3d at 736).

Mount Tremper Lutheran Camp v. Board of Assessors

70 A.D.2d 984 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1979

Board of Assessors of Town of Glen, supra; Crusade for Christ v Town of New Lebanon, 36 AD2d 247, 250 , affd 31 NY2d 765 ). … Petitioner failed to pass the second step set forth in Matter of Shrine of Our Lady of Martyrs of Auriesville v Board of Assessors of Town of Glen, (supra).

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]).

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

Board of Mgrs. of the Saratoga Condominium v. Shuminer

148 A.D.3d 609 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 2017

Branch v Navarro, 25 NY3d 485, 492 [2015]). … Board of Educ. of City of N.Y., 60 NY2d 539, 544 [1983]).

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.

New Creation Fellowship v. Board of Assessment Review

289 A.D.2d 1067 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2001

Petitioner established its entitlement to a tax exemption under that section as a matter of law and respondents failed to raise a triable issue of fact (see generally, Zuckerman v City of New York, 49 NY2d 557, 562 ). … Thus, we conclude that petitioner is entitled to the tax exemption it seeks (see, Matter of Yeshivath Shearith Hapletah v Town of Fallsburg, 79 NY2d 244 ).