Case law

Mar-Vera Corp. v. Zoning Board of Appeals

84 A.D.3d 1238 · Appellate Division of the Supreme Court of the State of New York · May 24, 2011

Corp. v Zoning Bd. of Appeals of Inc. Vil. of New Hempstead, 152 AD2d 365, 373 [1989], affd 77 NY2d 114 [1990]; see Ramapo 287 Ltd. Partnership v Village of Montebello, 165 AD2d 544 [1991]). … Accordingly, the ZBA’s determination had a rational basis, and was not arbitrary and capricious (see CPLR 7803 [3]; Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]).

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

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.

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

Pulte Homes v. Town of Carmel Planning Board

84 A.D.3d 819 · Appellate Division of the Supreme Court of the State of New York · May 3, 2011

Assoc. v Board of Trustees of Vil. of Dobbs Ferry, 81 AD3d 945 [2011]). … Assoc. v Board of Trustees of Vil. of Dobbs Ferry, 81 AD3d 945 [2011]; cf. Twin Lakes Dev.

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 ).

Hunter v. New York City Board of Education

190 A.D.2d 851 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1993

— Proceeding pursuant to CPLR article 78 to review a determination of the New York City Board of Education, dated April 18, 1990, which declined to accept the findings and recommendations of an Administrative Law Judge and … absenteeism (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of Moorehead v New York City Tr.

Seiden v. Zoning Board of Appeals of Ossining

46 A.D.3d 694 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2007

Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Rivero v Voelker, 38 AD3d 784 [2007], lv denied 9 NY3d 810 [2007]). … Accordingly, the Supreme Court properly upheld the ZBA’s determination, denying the requested variances, because it had a rational basis and was not arbitrary and capricious (see Matter of Pecoraro v Board of Appeals of Town

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]).

Bauer v. Zoning Board of Appeals of Yorktown

121 A.D.2d 627 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1986

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Yorktown (hereinafter the board), filed May 1, 1985, which, after a hearing, found that Town of Yorktown … Servs. v Zoning Bd. of Appeals, 110 AD2d 135 , affd 67 NY2d 702 ; Matter of Marasco v Luney, 99 AD2d 492 , lv denied 63 NY2d 605 ).

Barad v. State Board for Professional Medical Conduct

282 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2001

Conduct, 259 AD2d 847, 849 , lv denied 93 NY2d 813 ; Matter of Tames v DeBuono, 257 AD2d 784, 786 ; Matter of Weisenthal v New York State Bd. of Regents, 249 AD2d 712, 713 , lv denied 92 NY2d 808 ). … We have specifically held to the contrary in Matter of Miller v Commissioner of Health for State of N. Y. ( 270 AD2d 584 ) and, quite recently, in Matter of Selkin v State Bd. for Professional Med.

DUNSMOOR, WILLIAM v. TOWN OF OSWEGO PLANNING BOARD

Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013

IN THE MATTER OF WILLIAM DUNSMOOR, PETITIONER-APPELLANT, V ORDER TOWN OF OSWEGO PLANNING BOARD AND UNITED GROUP DEVELOPMENT CORP., RESPONDENTS-RESPONDENTS. … KLUCSIK OF COUNSEL), FOR RESPONDENT-RESPONDENT TOWN OF OSWEGO PLANNING BOARD. MICHAEL J. STANLEY LAW OFFICE, OSWEGO (MICHAEL J. STANLEY OF COUNSEL), FOR RESPONDENT-RESPONDENT UNITED GROUP DEVELOPMENT CORP.

Pantelidis v. New York City Board of Standards & Appeals

43 A.D.3d 314 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2007

judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J), entered January 17, 2006, which, after a hearing, granted the petition brought pursuant to CPLR article 78 to annul the resolution of respondent Board … relevant criteria *315 under New York City Zoning Resolution § 72-21 had been satisfied, the court properly concluded that petitioner was entitled to a variance authorizing the construction (see Matter of Jayne Estates v

Lo Bianco v. Guzzetta

269 A.D. 657 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1945

Matter of Rivera v. Board of Trustees of N.Y. Fire Dept.

2023 NY Slip Op 05379 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 2023

Matter of Rivera v Board of Trustees of N.Y. Fire Dept. ( 2023 NY Slip Op 05379 ) Matter of Rivera v Board of Trustees of N.Y. … duties, not as a result of an unexpected event ( see Brown , 100 AD3d at 480; see also Matter of McCambridge v McGuire , 62 NY2d 563, 568 [1984]; Matter of Galluccio v O'Neill , 186 AD3d 1153 [1st Dept 2020]).

Harris v. New York State Board of Parole

114 A.D.2d 897 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1985

The seriousness of the offenses committed by the petitioner constitutes a sufficient justification for the Board’s denial of parole (see, Matter of Bacon v Hammock, 96 AD2d 557 ; Matter of Shapiro v Hammock, 67 AD2d 713 , … A review of the record indicates that the Board acted in accordance with statutory requirements (see, People ex rel.

Schottland v. Brown Harris Stevens Brooklyn, LLC

107 A.D.3d 684 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2013

Cohen, 37 AD3d 670, 670 [2007]; see Goshen v Mutual Life Ins. … Corp. v Dassa Brill LLC, 27 AD3d 258, 259 [2006]; cf. Matos v Crimmins, 40 AD3d 1053, 1055 [2007]).

G.Z.T. Industries, Inc. v. Planning Board of Fallsburg

245 A.D.2d 741 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1997

According to petitioner, no building permit should have issued until the project was reviewed by respondent Planning Board of the Town of Fallsburg. … Bytner v City of Albany Bd. of Zoning Appeals, 211 AD2d 1000 ).

Alexander v. State Board for Professional Medical Conduct

287 A.D.2d 918 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 2001

Conduct, 235 AD2d 958, 960 , quoting Matter of Jean-Baptiste v Sobol, 209 AD2d 823, 824 ). No such showing has been made here. … AD2d 695, 698 ; Matter of Kashan v DeBuono, 262 AD2d 817, 819 ).