Case law

Sullivan v. Board of Estimate & Apportionment

254 A.D. 651 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 1938

Cartagena v. New York State Board of Parole

20 A.D.3d 751 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 2005

AD3d 828, 829 [2004]; Matter of De La Cruz v Travis, 10 AD3d 789, 790 [2004]). … v Pataki, 301 AD2d 827, 828 [2003], lv denied 99 NY2d 511 [2003]) or to his other contentions.

Cohn v. Board of Education

102 A.D.3d 586 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 2013

complains that he did not receive preobservation conferences prior to every classroom observation, he has not demonstrated that the U-rating was made in violation of lawful procedure or any substantial right (see Matter of Brown … v Board of Educ. of the City School Dist. of the City of N.Y., 89 AD3d 486 [1st Dept 2011]; Matter of Munoz v Vega, 303 AD2d 253, 254 [1st Dept 2003]; compare Matter of Kolmel v City of New York, 88 AD3d 527 [1st Dept 2011

Cadlerock Joint Venture, L.P. v. Board of Managers

289 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 2001

record,” here, the mortgage held by Cadlerock (Bankers Trust Co. v Board of Mgrs. of Park 900 Condominium, 81 NY2d 1033, 1036 ). … Realty Corp. v Mina Equities Corp., 95 AD2d 169, 169-170 ). We thus direct the tenant to attorn and turn over all rents to plaintiff pendente lite.

Richburg v. New York State Board of Parole

284 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2001

the relevant statutory factors in denying petitioner’s request for parole release, including the serious nature of the crime, petitioner’s positive accomplishments in prison and postrelease plans (see, Matter of Guerin v … v New York State Bd. of Parole, 50 NY2d 69, 77 ), we perceive no basis upon which to disturb the discretionary determination that petitioner was not an acceptable candidate for parole release.

Acero v. New York State Board of Parole

308 A.D.2d 641 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 2003

The petition was properly dismissed by Supreme Court as untimely as it exceeded the applicable four-month statute of limitations (see CPLR 217 [1]; see also Matter of Grant v Senkowski, 95 NY2d 605 [2001]).

Century Concrete Corp. v. Zoning Board of Appeals

248 A.D.2d 787 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1998

Finding that the Planning Board had failed to comply with certain provisions of the State Environmental Quality Review Act (ECL art 8), Supreme Court annulled the Planning Board’s determination. … As we are unable to discern any exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 ), the appeal must be dismissed. Cardona, P.

Shapiro v. Jewish Board of Guardians

253 A.D. 838 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1938

Charisma Holding Corp. v. Zoning Board of Appeals

266 A.D.2d 540 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1999

Onge v Donovan, 71 NY2d 507, 516 , quoting Matter of Pearson v Shoemaker, 25 Misc 2d 591, 592). … Onge v Donovan, supra, at 516, citing Church v Town of Islip, 8 NY2d 254, 259 ).

Justiano v. New York State Board of Parole

189 A.D.2d 566 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 1993

The certified transcript was also properly admitted under the business record exception (CPLR 4518; Erecto Corp. v State of New York, 29 AD2d 728, 729 ). … We also note that the matter was not rendered moot merely because petitioner completed his sentence (Matter of Biondo v New York State Bd. of Parole, 60 NY2d 832 ). Concur — Sullivan, J.

Mitsel v. New York City Board of Education

278 A.D.2d 291 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2000

, 84 NY2d 44 ; Convey v City of Rye School Dist., 271 AD2d 154 ). … Moreover, “school personnel cannot reasonably be expected to guard *293 against all of the sudden, spontaneous acts that take place among students” (Convey v City of Rye School Dist., supra, at 159).

Leone v. Planning Board

84 A.D.2d 784 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1981

Order of the Supreme Court, Rockland County (Zeck, J.), dated August 18,1980, affirmed, with $50 costs and disbursements (see Press v County of Monroe, 50 NY2d 695 ; Solnick v Whalen, 49 NY2d 224 ). Margett, J.

Levy v. New York State Workers' Compensation Board

292 A.D.2d 388 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 2002

The arbitrator found that the behavior of the petitioner, an Administrative Law Judge for the Workers’ Compensation Board (hereinafter the WCB), toward an attorney at a WCB hearing, violated the WCB’s policy and the Code … Co., 139 AD2d 723 ; Block v St. Paul Fire & Mar. Ins. Co., 137 AD2d 475 ; Dahan v Luchs, 92 AD2d *389 537 ).

Board of Mgrs. of the 190 Meserole Ave. Condominium v. Board of Mgrs. of the 188 Meserole Ave. Condominium

191 A.D.3d 629 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2021

Board of Mgrs. of the 190 Meserole Ave. Condominium v Board of Mgrs. of the 188 Meserole Ave. Condominium ( 2021 NY Slip Op 00541 ) Board of Mgrs. of the 190 Meserole Ave. … Condominium v Board of Mgrs. of the 188 Meserole Ave.

New York State Labor Relations Board v. McChesney

261 A.D. 1089 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1941

Order granting application of the New York State Labor Relations Board to enforce an order of said Board which, among other things, directed appellant to cease refusing to bargain collectively with a labor union, unanimously

Jones v. New York State Board of Parole

273 A.D.2d 649 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2000

Respondent “was not required to enumerate or give equal weight to each factor that it considered in determining his application for parole” (Matter of Farid v Travis, 239 AD2d 629 ; see, Matter of Henderson v Travis, 268 … Casey v Demsky, 242 AD2d 759, 760 , lv denied 91 NY2d 806 ; see, People ex rel. Pagan v New York State Bd. of Parole, 245 AD2d 641 ). Petitioner’s remaining arguments have been considered and found to be without merit.

Bain v. New York City Board of Education

268 A.D.2d 451 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2000

intruders “is a governmental function involving policymaking regarding the nature of the risks presented, and that no liability arises from the performance of such a function absent a special duty of protection” (Bonner v … City of New York, 73 NY2d 930, 932 ; see, Dickerson v City of New York, 258 AD2d 433 ; Edwards v City of Mount Vernon, 230 AD2d 821 ; see also, Krakower v City of New York, 217 AD2d 441 ; Salmond v Board of Educ., 131 AD2d

Hopkins v. New York State Board of Parole

51 A.D.3d 1311 · Appellate Division of the Supreme Court of the State of New York · May 22, 2008

Matter of Cook v Goord, 275 AD2d 819, 820 [2000], lv denied 95 NY2d 769 [2000]). … Matter of Serrano v Dennison, 46 AD3d 1002 [2007]), we decline to disturb it.

Thomas v. New York State Board of Parole

208 A.D.2d 460 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1994

Determination of respondent Board of Parole dated July 16, 1991, affirming a finding, after an administrative hearing, that petitioner violated the terms of his parole, is unanimously confirmed, the petition denied and the … McGee v Walters, 62 NY2d 317, 321 ). Concur—Wallach, J. P., Asch, Rubin and Williams, JJ.

Boyd v. New York State Crime Victims Board

302 A.D.2d 380 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2003

of the New York State Crime Victims Board (hereinafter the Board) is supported by substantial evidence. … Accordingly, the Board properly rejected the petitioner’s claim for reimbursement of private school tuition expenses. Santucci, J.P., Krausman, Adams and Crane, JJ., concur.