Case law

Weiner v. Board of Regents of the University

3 A.D.2d 113 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1956

His license has been suspended for a period of one year by the State Commissioner of Education pursuant to an order of the Board of Regents. The order of suspension is based on a specific charge of misconduct. … Determination of the Board of Regents annulled, without costs, and the matter remitted for its further consideration.

Board of Education of the Union-Endicott Central School District v. New York State Public Employment Relations Board

250 A.D.2d 82 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1998

School Dist. v Public Empl. Relations Bd., 214 AD2d 288 , lv denied 88 NY2d 866 ; Matter of Board of Educ. v New York State Pub. Empl. Relations Bd., 197 AD2d 276 , lv denied 84 NY2d 803 ). … The term “claim accrued” is not synonymous with the term “cause of action accrued” (Boeckmann & Assocs. v Board of Educ., 207 AD2d 773, 775 ), and a claim can accrue far earlier than a cause of action based upon the same

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 ).

Dandomar Co. v. Town of Pleasant Valley Town Board

86 A.D.3d 83 · Appellate Division of the Supreme Court of the State of New York · May 31, 2011

Bd., 151 AD2d 865, 866 [1989] [pursuant to Village Law § 7-740, a procedure to review a planning board decision must be commenced within 30 days after it is filed with the planning board]; Matter of Save the Pine Bush v … ]; Matter of Major v Cohen, 126 AD2d 205, 209 [1987]; Matter of 22 Park Place Coop. *90 v Board of Assessors of County of Nassau, 102 AD2d 893, 894 [1984]; Matter of Battaglia v Schuler, 60 AD2d 759, 759-760 [1977]), CPLR

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.

Save the Pine Bush, Inc. v. Planning Board

83 A.D.2d 698 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1981

On August 2,1979, petitioners commenced an article 78 proceeding to declare void the action of the respondent Planning Board of the City of Albany (hereinafter the Board) in approving a construction project known as the Pine … CPLR 312 requires service upon a board having a chairman by delivery of the summons to him.

Watts v. Board of Education

75 N.Y. St. Rep. 599 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1896

This action is to enforce a mechanic’s lien, and the appeal of the defendant the board of education raises only questions of fact. … Porter v. Smith, 107 N. Y. 531 , 12 St. Rep. 479 Barrett v. Kling (City Ct. Brook.) 16 N. Y, Supp. 92. The plaintiff contracted with the appealing defendant for the construction of a schoolhouse.

Kucinski v. Zoning Board of Appeals of Dover

148 A.D.2d 612 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1989

In Matter of Sun-Brite Car Wash v Board of Zoning & Appeals ( 69 NY2d 406, 414-415 ), the Court of Appeals recognized that persons with leasehold interests in property may have standing to challenge a zoning determination … No. 2 v Board of Stds. & Appeals, 43 AD2d 670 ; Daub v Popkin, 5 AD2d 283 , affd 4 NY2d 1024 ).

Schoen v. Board of Mgrs. of 255 Hudson Condominium

2023 NY Slip Op 02746 · Appellate Division of the Supreme Court of the State of New York · May 18, 2023

Schoen v Board of Mgrs. of 255 Hudson Condominium ( 2023 NY Slip Op 02746 ) Schoen v Board of Mgrs. of 255 Hudson Condominium 2023 NY Slip Op 02746 Decided on May 18, 2023 Appellate Division, First Department Published by … Schoen etc., Plaintiff-Appellant, v The Board of Managers of 255 Hudson Condominium, Defendant-Respondent. Moulinos & Associates, LLC, New York (Peter Moulinos of counsel), for appellant.

Crawford v. New York State Racing & Wagering Board

100 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1984

The board rationally applied the pertinent regulation to the facts and was at liberty to choose this version of what happened over the conflicting one offered by petitioner (see Matter of Belanger v New York State Racing … Both the United States Supreme Court (Brady v United States, 397 US 742, 752 ) and the Court of Appeals (People v Pena, 50 NY2d 400, 411-412 , cert den 449 US 1087 ) have upheld the rights of courts and prosecutors to induce

Erie County Board of Social Welfare v. Holiday

14 A.D.2d 832 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1961

(People v. Borner, 280 App. Div. 141 ; Commissioner v. Ryan, 238 App. Div. 607 .) In this ease, the bill of particulars claimed a normal period of gestation and on this theory the ease was tried. … (Hunter v. New York, Ontario & Western R. R. Co., 116 N. Y. 615 .) In the absence of expert medical testimony, the proof in this case cannot be said to have been entirely satisfactory.

Town Board of Southampton v. 1320 Entertainment, Inc.

236 A.D.2d 387 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1997

AD2d 828, 830, n 3 ; Schacht v City of New York, 30 Misc 2d 77, 78 , mod on other grounds 14 AD2d 526 ). … Sendlewski, 156 AD2d 669 ; Matter of Incorporated Vil. of Lindenhurst v Retsel Enters., 140 AD2d 521 ; Good-friend v Pekofsky, 110 AD2d 814 ; Little India Stores v Singh, 101 AD2d 727 ; Town of Southeast v Gonnella, 26 AD2d

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).

Alessi v. Board of Education

105 A.D.3d 54 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2013

Thus, the first criterion for determining a teacher’s seniority is the “actual full-time service rendered” thereby (Matter of Schoenfeld v Board of Coop. Educ. … Matter of Gerson v Board of Educ. of Comsewogue Union Free School Dist., 214 AD2d 732, 732-733 *59 [1995]; see generally Matter of Gould v Board of Educ. of Sewanhaka Cent. High School Dist., 81 NY2d 446, 451-452 ).

Save the Pine Bush, Inc. v. Planning Board

217 A.D.2d 767 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1995

elaboration for its determination (see, Matter of Jackson v New York State Urban Dev. … Corp., 67 NY2d 400, 417 ; Matter of Hare v Molyneaux, 182 AD2d 908, 910 ).

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.

Robinson v. Board of Education

104 A.D.3d 666 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 2013

The plaintiffs service of a late notice of claim upon the Board was a nullity, as it was made without leave of the court (see Browne v New York City Tr. … v Board of Educ., Commack Union Free School Dist., 47 NY2d 613, 617 [1979]; Kim L. v Port Jervis City School Dist., 61 AD3d 825, 827 [2009]).

O'Brien v. Tonawanda Board & Paper Co.

193 A.D. 965 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1920

Div. 769 ); also by providing therein that such examination of the officers named and of books and papers be limited to the question of the cost to the defendant of manufacturing paper and pulp board and the items which enter … (See Bamberger v. Cooke, 181 App. Div. 805 ); and as so modified the order is affirmed, without costs of this appeal to either party. All concur.

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.