Case law

People v. New York State Board of Parole

244 A.D.2d 673 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1997

As the Board considered the relevant statutory and regulatory factors, its determination will not be disturbed (see, People ex rel. Frazier v Demsky, 238 AD2d 641 ). … Gilmore v New York State Parole Bd., 241 AD2d 793 ; Matter of Rentz v Herbert, 206 AD2d 944, 945 , lv denied 84 NY2d 810 ).

Kuhlman v. Board of Zoning Appeals of Brookhaven

305 A.D.2d 683 · Appellate Division of the Supreme Court of the State of New York · May 27, 2003

The Supreme Court properly denied the petition to annul the determination of the respondent Board of Zoning Appeals of the Town of Brookhaven (hereinafter the Board) denying the petitioner’s application for area variances … [s] [were] granted” (Matter of Ifrah v Utschig, 98 NY2d 304, 307 [2002], citing Matter of Sasso v Osgood, 86 NY2d 374, 382, 384 [1995]).

Nyack Hospital v. Village of Nyack Planning Board

231 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1996

The failure of the Legislature to include an approval-by-default provision in the site plan statutes is a strong indication that such exclusion was intended (see, McKinney’s Cons Laws of NY, Book 1, Statutes § 74; Pajak v … Pajak, 56 NY2d 394, 397 ; People v Finnegan, 85 NY2d 53 ), particularly where, as here, all four of the previously mentioned laws were amended simultaneously by chapter 486 of the Laws of 1994, and the provision relating

Board of Education v. Clarkstown Teachers' Ass'n

42 A.D.2d 771 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1973

In King v. Barnes ( 113 N. … , Koenig V.

Nieblas v. New York State Board of Parole

28 A.D.3d 1017 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2006

Ciccarelli v Saxton, 23 AD3d 1095 , 1096 [2005], lv denied 6 NY3d 708 [2006]). … New York State Bd. of Parole, 256 AD2d 990, 991 [1998], lv dismissed 93 NY2d 886 [1999]; see Matter of Herr v New York State Div. of Parole, 278 AD2d 544, 545 [2000]).

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 ).

Adrian v. Board of Education of City School District

92 A.D.3d 1272 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2012

, and it therefore should not have been disturbed (see generally Matter of Pell v Board of Educ. of Union Free School Dist. … To the extent that petitioner contends as an alternative ground for affirmance that the District improperly failed to conduct a hearing before terminating her (see generally Parochial Bus Sys. v Board of Educ. of City of

State Board of Pharmacy v. Cornell

116 A.D. 499 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1906

Per Curiam: The material facts of this case bring it within the rule laid down in the opinion in State Board of Pharmacy v. Rhinehardt ( 116 App.

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

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.

Lo Bianco v. Guzzetta

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

People ex rel. Hulshof v. Board of Education

130 A.D. 903 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1909

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 ).

People ex rel. Brown v. Scully

148 A.D.2d 561 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1989

Brown, 99 AD2d 684 , lv denied 62 NY2d 648 ), provided it was preserved for appellate review (see, People v Rosado, 64 AD2d 172 ; People v Smith, 113 AD2d 905, 907 ; People v Nicholson, 98 AD2d 876 ). … Phifer v Scully, 107 AD2d 729 ). In any event, the issue is devoid of merit.

People ex rel. Hamilton v. Board of Sup'rs

54 N.Y.S. 782 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1898

People v. Board of Sup’rs, 134 N. Y. 1 , 31 N. E. 322 . … People v. Board of Sup’rs, 22 Misc. Rep. 616 , 50 N. Y. Supp. 16 .

Friedman v. New York City Conciliation & Appeals Board

63 A.D.2d 943 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1978

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]).

Barad v. New York State Board of Parole

275 A.D.2d 856 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 2000

In view of the foregoing, it cannot be said that the Board’s determination was either irrational or arbitrary and capricious (see, Executive Law § 259-i [5]; Matter of Fitzpatrick v Travis, 274 AD2d 718 ). … (see, Matter of Howard v New York State Bd. of Parole, 270 AD2d 539, 539-540 ).

Regan v. New York State Board of Elections

207 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Aug 29, 1994

Smith, 181 AD2d 940, 941 , lv denied 79 NY2d 755 ; Matter of Castracan v Colavita, 173 AD2d 924, 925 , appeal dismissed 78 NY2d 1041 ; Matter of Rizzo v Withers, 158 AD2d 497, 498 ; Matter of Curcio v Wolf, 133 AD2d 188, … 189 ; cf., Matter of Seaman v Bird, 176 AD2d 1061 ; Matter of Michaels v New York State Bd. of Elections, 154 AD2d 873 ).

Board of Mgrs. of Oceanview Condominium v. Riccardi

2024 NY Slip Op 03806 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 2024

Board of Mgrs. of Oceanview Condominium v Riccardi ( 2024 NY Slip Op 03806 ) Board of Mgrs. of Oceanview Condominium v Riccardi 2024 NY Slip Op 03806 Decided on July 17, 2024 Appellate Division, Second Department Published … "In reviewing a condominium board's actions, courts should apply the business judgment rule" ( Board of Mgrs. of Fishkill Woods Condominium v Gottlieb , 184 AD3d 785 , 789).