Case law

Ganci v. New York State Board of Parole

134 A.D.2d 351 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1987

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole, which, after a parole release hearing, denied the petitioner release on parole, the petitioner appeals from a judgment … Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). Thompson, J.

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

Cuevas v. New York City Board of Education

71 A.D.3d 815 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2010

The appellant failed to make a prima facie showing of its entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). … appellant’s employees constructed the scaffolding, if so, whether that scaffolding constituted a dangerous condition, and whether the infant plaintiffs actions were the sole proximate cause of his injuries (see Martinez v

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

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 ).

Claim of Jennings v. Avanti Express, Inc.

91 A.D.3d 999 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2012

Baca, 83 AD3d at 1228-1229 ; Matter of Brown v City of Rome, 66 AD3d at 1092 ). … ; Matter of Enriquez v Home Lawn Care & Landscaping, Inc., 77 AD3d 1149, 1151 [2010]; Matter of Brown v City of Rome, 66 AD3d at 1093 ).

Hogue v. Zoning Board of Appeals of Canajoharie

239 A.D.2d 807 · Appellate Division of the Supreme Court of the State of New York · May 22, 1997

Respondent Zoning Board of Appeals of the Village of Canajoharie subsequently concluded that the permit had been erroneously issued. … an employee 'in any civil action or proceeding * * * arising out of any alleged act or omission which occurred while the employee was acting within the scope of his [or her] public employment or duties’ ” (Matter of Hunt v

Brown-Nett v. City of Syracuse

142 A.D.2d 982 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1988

Order unanimously affirmed without costs (see, Turcotte v Fell, 68 NY2d 432 ; Perretti v City of New York, 132 AD2d 537 ; see also, O’Neill v Daniels, 135 AD2d 1076 ).

Board of Education v. Buffalo Teachers Federation, Inc.

191 A.D.2d 985 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1993

v Napolitano, 186 AD2d 989 ). … Assocs. v State Div. of Human Rights, 45 NY2d 176, 179 ; Matter of Pell v Board of Educ., 34 NY2d 222 , 231). We also agree with PERB that the alleged procedural errors do not require reversal.

Manley v. New York State Board of Parole

21 A.D.3d 1209 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2005

[2005]; Matter of Martin v Travis, 17 AD3d 884, 885 [2005], appeal dismissed 5 NY3d 782 [2005]). … Thus, inasmuch as there has been no showing that respondent’s determination was affected by “ ‘irrationality bordering on impropriety’ ” (Matter of Silmon v Travis, 95 NY2d 470, 476 [2000], quoting Matter of Russo v New York

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

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]).

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 ).

Tracer v. Board of Regents of the University

61 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1978

The Board of Regents adopted the recommendation of the review committee on August 16, 1977 (Education Law, § 6510, subd 3). … (Matter of Pell v Board of Educ., 34 NY2d 222 , 233; Matter of Smith v Nyquist, 52 AD2d 999 .) Determination confirmed, and petition dismissed, without costs. Mahoney, P.

Torres v. Board of Educ. of City of N.Y.

137 A.D.3d 1256 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 2016

A correction will be rejected where the proffered reason for the change is inadequate (see Ashford v Tannenhauser, 108 AD3d 735, 736 [2013]; Shell v Kone El. … & Health Care Ctr., LLC v Morsello, 97 AD3d 611 , 612 [2012]).

Czermann v. New York State Racing & Wagering Board

68 A.D.3d 1580 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2009

New York State Racing & Wagering Bd., 74 NY2d at 690 ; Matter of Case v New York State Racing & Wagering Bd., 61 AD3d 1313, 1314 [2009], lv denied 13 NY3d 705 [2009]; Matter of Zito v New York State Racing & Wagering Bd., … Under the circumstances of the proven violations, the suspensions and revocations of their licenses are not “so disproportionate to the offense as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ

Fehlhaber v. Board of Education

96 A.D.3d 1633 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 2012

tenure rights which are legal rights guaranteed by State law and in the public interest” (Matter of Cowan v Board of Educ. of Brentwood Union Free School Dist., 99 AD2d 831, 833 [1984]; see Matter of Moraitis v Board of … or] her teaching position and forfeit [his or] her tenure rights’ ” (Cicarelli v Board of Educ. of W.

Porianda v. Amelkin

115 A.D.2d 650 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1985

This failure of proof is fatal (see, Matter of Presnell v Leslie, 3 NY2d 384 ). … Brown has also failed to establish a right to a use variance under the criteria set forth in Matter of Otto v Steinhilber ( 282 NY 71, 76 , rearg denied 282 NY 681 ).

Hill v. Board of Education of Central School

286 A.D. 332 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1955

It means the delivery of such obligations against payment of the purchase price (Brownell v. Town of Greenwich, 114 N. Y. 518 ; Zimmerman v. Timmerman, 193 N. Y. 486 ). … The identical issue was also decided recently, and contra to the decision appealed from, in Matter of Rigaud v. Board of Educ., Ramapo ( 207 Misc. 742 ).