Case law

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 ).

LaChance v. New York State Racing & Wagering Board

118 A.D.2d 262 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1986

(Matter of Tufariello v Barry, supra.) … (People v Bagby, *268 supra, at p 414.)

Carrion v. New York State Board of Parole

210 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 1994

259-i [5]; Matter of Hall v New York State Executive Dept., 188 AD2d 791 ; Matter of Davis v New York State Div. of Parole, 114 AD2d 412 ). … [2] [c]; Matter of King v New York State Div. of Parole, 83 NY2d 788, 790 ; People ex rel.

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.

1066 Land Corp. v. Planning Board of Austerlitz

218 A.D.2d 887 · Appellate Division of the Supreme Court of the State of New York · Aug 3, 1995

Once it gives final plat approval, a town planning board generally does not have statutory authority to reconsider its determination (see, Town Law §§ 276, 277). * Despite the lack of statutory authority, a planning board … 80 NY2d 970 , lv denied 81 NY2d 710 ; Matter of Hayes v Gibbs, 89 AD2d 656 ; see also, 2 Anderson, New York Zoning Law & Practice § 21.08, at 77 [3d ed]).

Board of Education v. Town of North Hempstead

259 A.D. 733 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1940

(Blunt v. Aiken, 15 Wend. 522 .) In Waggoner v. Jermaine ( 3 Den. 306 ) there was a warranty, which distinction is pointed out in Mayor, etc., of Albany v. Cunliff ( 2 N. Y. 165, 181 ).

Howard v. New York State Board of Parole

272 A.D.2d 731 · Appellate Division of the Supreme Court of the State of New York · May 18, 2000

information served as a basis for denying petitioner’s request for parole release, petitioner has failed to demonstrate that the determination was affected by irrationality bordering on impropriety (see, Matter of Santos v … New York State Div. of Parole, 267 AD2d 533 ; Matter of Hall v New York State Exec.

Boutelle v. New York State Board of Parole

53 A.D.2d 397 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 1976

Johnson v Montanye ( 42 AD2d 1041 , app dsmd 34 NY2d 994 ) wherein this identical issue was previously considered and rejected. … is required (People v Goodwin, 49 AD2d 53 ; McKinney’s Cons Laws of NY, Book 1, Statutes, § 92).

Gavin v. Board of Supervisors

159 N.Y.S. 1114 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1916

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

Estate of Mandigo v. Zoning Board of Appeals

45 A.D.2d 964 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1974

However, at the hearing held by the board petitioner failed to offer any evidence that sale of the parcel, unsubdivided and without variances, had been attempted. … In the absence of proof of practical difficulties in the sale of the parcel in the latter state, the board’s determination denying the application should not have been annulled (Matter of Village of Bronxville v.

Swanson v. Board of Education

305 A.D.2d 610 · Appellate Division of the Supreme Court of the State of New York · May 19, 2003

of the Board of Education of the City of New York, the petitioner appeals from a judgment of the Supreme Court, Kings County (Dabiri, J.), dated October 29, 2001, which dismissed the proceeding. … Contrary to the petitioner’s contention, in the circumstances of this case, she was not denied due process (see Matter of Climent v Board of Educ. of Community School Dist. No. 22, 288 AD2d 312 [2001]).

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.

Malone v. Board of Education

93 A.D.3d 849 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2012

Board of Educ. of E. … Meadow Union Free School Dist., 89 AD3d 1030 [2011]; Matter of Saunders v Rockland Bd. of Coop. Educ. Servs., 62 AD3d at 1013 ; Matter of Hegarty v Board of Educ. of City of N.Y., 5 AD3d 771, 772 [2004]).

Board of Elections v. Keleher

108 N.Y.S. 1137 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1908

Kessler v. Town of Shelter Island Planning Board

40 A.D.2d 1005 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1972

Where the conflicting evidence leaves room for choice, the court may not weigh the evidence or reject the choice made by the board (Matter of Weiner v. Gabel, 18 A D 2d 1025). … Corp. v. Tuttle, 29 N Y 2d 221, 225).

Saunders v. Rock-land Board of Cooperative Educational Services

62 A.D.3d 1012 · Appellate Division of the Supreme Court of the State of New York · May 26, 2009

Board of Educ. of City of N.Y., 3 AD3d 502, 503 [2004]). … Matter of Solis v Department of Educ. of City of N.Y., 30 AD3d 532 [2006]). Miller, J.P., Angiolillo, Eng and Austin, JJ., concur.

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

Emmerling v. Town of Richmond Zoning Board of Appeals

67 A.D.3d 1467 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 2009

The interpretation by a zoning board of its governing code is generally entitled to great deference by the courts (see Appelbaum v Deutsch, 66 NY2d 975, 977-978 [1985]; Matter of Concetta T. … will be upheld” (Matter of New York Botanical Garden v Board of Stds. & Appeals of City of N.Y, 91 NY2d 413, 419 [1998], quoting Matter of Trump-Equitable Fifth Ave.