Case law

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

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

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.

People ex rel. Steinson v. Board of Education

20 A.D. 452 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 1897

Upon such appeal a hearing was had before the State Superintendent *454 at which the relator and the board of education of the city of New York were respectively represented by counsel. … Miller v. Justices, 78 Hun, 334 ; People ex rel. Young v. Collis, 6 App. Div. 467 .)

Dorman v. New York State Board of Parole

30 A.D.3d 880 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2006

quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]). … ]; Matter of Morrero v Dennison, 19 AD3d 960, 961 [2005]).

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.

Brown v. New York City Health & Hosps. Corp.

2018 NY Slip Op 2262 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2018

Brown v New York City Health & Hosps. Corp. ( 2018 NY Slip Op 02262 ) Brown v New York City Health & Hosps. … Decided on March 29, 2018 Friedman, J.P., Tom, Kapnick, Singh, JJ. 6144N 24541/15E [*1] Jay Brown, deceased, by the Administrator of his Estate, Sherlane Peck, Plaintiff-Appellant, v New York City Health & Hospitals Corp.

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).

Benderson Development Co. v. Zoning Board of Appeals

68 A.D.3d 1814 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2009

applicant [here, Kessel Brent] and the” ZBA (§ 81-a [8]), and the ZBA and Kessel Brent were required to meet certain other procedural requirements concerning the filing and consideration of the appeal from the Planning Board

Callicutt v. State Executive Department, Crime Victims Board

245 A.D.2d 689 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1997

failed to present evidence refuting this information or affirmatively showing that Hannah did not contribute to his injury, they failed to satisfy their burden of establishing the merit of their claims (see, Matter of Regan v … Accordingly, respondent’s determinations are supported by substantial evidence in the record and should not be disturbed (see, Matter of Ortiz v Leak, 214 AD2d 840, 841 ; Matter of Rigaud v Crime Victims Compensation Bd.,

Jo-Be Properties, LLC v. Board of Assessors

69 A.D.3d 942 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2010

Stream] v Board of Assessors of County of Nassau, 299 AD2d 409, 410 [2002]; Matter of Lakr Assoc. v Board of Assessors for City of Poughkeepsie, 235 AD2d 423 [1997]). … Div.] v Unmack, 92 NY2d 179, 188 [1998]). Fisher, J.E, Angiolillo, Dickerson and Leventhal, JJ., concur.

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 ).

Smith v. New York State Board of Parole

34 A.D.3d 1156 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 2006

Because respondent relied upon erroneous information in denying parole release, this Court must annul respondent’s determination and remit for a new hearing (see Matter of Plevy v Travis, 17 AD3d 879, 880 [2005]).

Chase v. Zoning Board of Appeals of Wilton

264 A.D.2d 929 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1999

and welfare of the neighborhood or community’ ” (Matter of Sasso v Osgood, 86 NY2d 374, 384 , quoting Town Law § 267-b [3] [b]). … Ferris, 236 AD2d 767 ; see also, Matter of Rogers v Baum, 234 AD2d 685, 686 ).

Dexter v. Town Board

43 A.D.2d 899 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1974

We find that the action of the Town Board in adopting the zoning change was not arbitrary or capricious and was in accordance with the general comprehensive planning of the town (Matter of Town of Bedford v. … We also find that the board acted for the benefit of the community as a whole and not solely for the benefit of an individual (Ro dgers v. Village of Tarrytown, 302 N. Y. 115, 124 ).

Oyster Bay Associates Limited Partnership v. Town Board

58 A.D.3d 855 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 2009

The primary purpose of SEQRA is “ ‘to inject environmental considerations directly into governmental decision making’ ” (Akpan v Koch, 75 NY2d 561, 569 [1990], quoting Matter of Coca-Cola Bottling Co. of N.Y. v Board of Estimate … principally responsible for approving the project” (Matter of Coca-Cola Bottling Co. of N.Y. v Board of Estimate of City of N.Y., 72 NY2d at 682-683 ).

Paisley Development Corp. v. Zoning Board of Appeals

58 A.D.2d 705 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1977

The decision of the board is presumed to be correct (Matter of Corter v Zoning Bd. of Appeals for Vil. of Fredonia, supra; Matter of First Nat. Bank of Glens Falls v Sheehan, 30 AD2d 912 ). … And the reviewing court will not substitute its judgment for that of the board unless it is demonstrated that the board acted arbitrarily or contrary to law (Matter of Fiore v Zoning Bd. of Appeals of Town of Southeast, supra

Gibson v. Board of Education

96 A.D.3d 1120 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2012

The determination of the Board must be upheld where, as here, it is supported by substantial evidence (see Matter of Wilson v Town of Minerva Town Bd., 65 AD3d 788, 789 [2009]; see also Matter of Mapp v Burnham, 8 NY3d 999 … Further, on the record before us, we do not find the penalty of termination shocking to the judicial conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39 [2001]; Matter of Pell v Board of Educ. of Union Free School Dist

Gibson v. Board of Education

96 A.D.3d 1120 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2012

The determination of the Board must be upheld where, as here, it is supported by substantial evidence (see Matter of Wilson v Town of Minerva Town Bd., 65 AD3d 788, 789 [2009]; see also Matter of Mapp v Burnham, 8 NY3d 999 … Further, on the record before us, we do not find the penalty of termination shocking to the judicial conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39 [2001]; Matter of Pell v Board of Educ. of Union Free School Dist

City of Syracuse v. Public Employment Relations Board

279 A.D.2d 98 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2000

School Dist. v Public Empl. Relations Bd., 214 AD2d 288, 290 , lv dismissed and denied 88 NY2d 866 ; Matter of Board of Educ. v New York State Pub. Empl. … Relations Bd., 197 AD2d 276, 278 , lv denied 84 NY2d 803 ; see also, Matter of Board of Educ. v New York State Pub. Empl. Relations Bd., 250 AD2d 82, 84-85 , lv denied 93 NY2d 805 ).