Case law

Brewster-Mill Park Realty, Inc. v. Town Board

17 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1962

Y. 387, 392 ; Gaynor v. Marohn, 268 N. Y. 417 ; People ex rel. Delaware, Lackawanna & Western R. R. Co. v. Wildy, 262 N. Y. 109 ; Matter of Haskell v. Fisk, 273 App. Div. 153 ; People ex rel. Prosperity Co. v. … The fact that respondent already has privately arranged to provide itself with adequate facilities is not controlling (O’Flynn v. Village of East Rochester, 292 N. Y. 156 ; Matter of Amundson, supra; Board of Educ. v.

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

119 A.D.3d 518 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2014

In opposition to the Board of Education’s prima facie showing of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact as to whether the Board of Education created the condition … Accordingly, the Supreme Court should have granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the Board of Education (see Crawford v City of New

People ex rel. Brown v. New York State Division of Parole

262 A.D.2d 433 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1999

Donohoe v Montanye, 35 NY2d 221 ; People ex rel. DeFlumer v Strack, 212 AD2d 555 ). … DeFlumer v Strack, supra; People ex rel. Hampton v Scully, 166 AD2d 734 ). Ritter, J. P., Joy, Goldstein and Schmidt, JJ., concur.

Golden Triangle Associates v. Town Board of Amherst

185 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1992

Agency, 76 NY2d 428 ; Matter of Dairylea Coop. v Walkley, 38 NY2d 6 ). Nevertheless, petitioners’ argument that the Town Board violated the procedural and substantive requirements of SEQRA is without merit. … The record establishes that the Town Board took the requisite "hard look” at the relevant environmental concerns and made a reasoned elaboration of the reasons for the negative declaration (see, Akpan v Koch, 75 NY2d 561

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.

Vargas v. New York State Board of Parole

20 A.D.3d 738 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 2005

Travis, 17 AD3d *739 755, 755 [2005]; Matter of Gibbs v Travis, 238 AD2d 649, 649 [1997]). … Travis, 17 AD3d 885, 886 [2005]; Matter of De La Cruz v Travis, 10 AD3d 789, 790 [2004]).

Brodsky v. New York City Campaign Finance Board

107 A.D.3d 544 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2013

Bd. v Ortiz, 38 AD3d 75, 77 [1st Dept 2006]). … Condominium v Seligson, 106 AD3d 130 , 135 [1st Dept 2013] [internal quotation marks omitted]).

Quinn v. Wallkill Central School District Board of Education

131 A.D.3d 1063 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 2015

New York, 94 AD3d 929 [2012]; Matter of Felice v Eastport l South Manor Cent. … Finally, the petitioners failed to demonstrate that the respondents would not be substantially prejudiced in their ability to maintain a defense on the merits (see Williams v Jamaica Hosp. Med.

Rodriguez v. New York City Board of Education

190 A.D.2d 579 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1993

proffer a reasonable excuse for the delay, and also failed to show that respondent had actual notice of the facts surrounding the accident, in particular the basis of the claim of negligence against it (see, Matter of Green v

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

Fuller v. New York State Board of Parole

284 A.D.2d 853 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2001

there was a reasonable probability that petitioner would not live and remain at liberty without violating the law and that his release is incompatible with the safety and welfare of the community (see, Matter of Velasquez 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 (see, Matter of Barad v New

Merlotto v. Town of Patterson Zoning Board of Appeals

43 A.D.3d 926 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2007

“The judicial responsibility is to review zoning decisions but not, absent proof of arbitrary and unreasonable action, to make them” (Matter of Cowan v Kern, 41 NY2d 591 , 599 [1977]; see Matter of Pecoraro v Board of Appeals … Upon judicial review, the general rule is that, absent evidence of illegality, a court must sustain the determination if it has a rational basis in the record before the zoning board {see Matter of Pecoraro v Board of Appeals

Skytrack Condominium Board of Managers v. Windberk Partners

167 A.D.2d 381 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1990

by the subsequent acts of a majority of the condominium’s unit owners and by a properly constituted board of managers (see, Godley v Crandall & Godley Co., 212 NY 121, 131; Polchinski Co. v Cemetery Floral Co., 79 AD2d 648 … , 649 ; see generally, Holm v C.M.P.

Leone v. Board of Assessors

100 A.D.3d 635 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 2012

The common issues of law and fact identified by the petitioners were sufficient to warrant their employment of a joint CPLR article 78 petition (see CPLR 1002 [a]; 602 [a]; RPTL 710; Matter of Amatulli v Board of Assessors … of County of Nassau, 78 AD2d 550 [1980]; Matter of Agosh v Town of Cicero Bd. of Assessment Review, 150 Misc 2d 756, 758 [1991]).

Balaban v. Rubin

20 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1964

In the landmark case of Brown v. Board of Educ. ( 347 U. S. 483 ), minors of the Negro race sought the aid of the courts in obtaining admission to the public schools of their community. … In the second Brown case (Brown v. Board of Educ., 349 U.

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 ).

Musolino v. New York State Board of Elections

89 A.D.2d 1033 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1982

In his petition, petitioner states that he was informed of the adverse determination of the State Board of Elections on Tuesday, August 24, 1982, at approximately 3:15 p.m. … It is, therefore, apparent that the proceeding was not timely instituted and, under the circumstances presented, we are unable to conclude that it may be saved under the doctrine enunciated in Matter of Pell v Coveney ( 37

People ex rel. McCanna v. Board of Commissioners

1 A.D. 3 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

Brown, P. … (Phillips v. The Mayor, 88 N. Y. 245 ; Langdon v.

Faymor Development Co. v. Board of Standards & Appeals

57 A.D.2d 928 · Appellate Division of the Supreme Court of the State of New York · May 23, 1977

On October 10, 1974 ' the Board of Estimate rezoned a small area, which included the proposed building site, from an R 3-2 to an R 3-1 residential district. … Temkin v Karagheuzoff, 34 NY2d 324 ; Matter of Bayswater Health Related Facility v Karagheuzoff, 37 NY2d 408 ; Matter of Pokoik v Silsdorf, 40 NY2d 769 ; Matter of Our Lady of Good Counsel R.

Board of Education v. Joseph Zanghi Construction Corp.

127 A.D.2d 725 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 1987

Co.] 51 NY2d 1 ; CPLR 7503, 7502; Matter of Town of Islip v Stoye, 29 NY2d 524 ; Matter of Central School Dist. No. 1 v Double M. Constr. Corp., 41 AD2d 771 , affd 34 NY2d 695 ). … Co. v Board of Educ., 106 AD2d 533 ; Matter of Board of Educ. [Wager Constr. Corp.] 37 NY2d 283 ).