Case law

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]).

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).

Oswego City Savings Bank v. Board of Education

70 A.D. 538 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1902

Co. v. Hachfield, 73 N. Y. 226 .) The question of the substitution of bonds was passed upon in two cases: Town of Solon v. Williamsburgh Savings Bank ( 114 N. Y. 122 ); Williamsburgh Savings Bank v. … (O'Brien v. Young, 95 N. Y. 429 .)

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.,

Board of Managers v. Long Pond Investors, Inc.

233 A.D.2d 472 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1996

Mgrs. v Fairway at N. … Gencorelli, 187 AD2d 560 ; Rubenstein v East Riv.

Levy v. Environmental Control Board

94 A.D.3d 630 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2012

Determination of respondent The Environmental Control Board of the City of New York (ECB), dated May 7, 2009, which denied petitioner’s request for a superseding appeal decision and ratified its determination dated January … Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]).

Violet Realty, Inc. v. City of Buffalo Planning Board

20 A.D.3d 901 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 2005

Young Group v Zoning Bd. of Appeals of Vil. of Lancaster, 16 AD3d 1021, 1022 [2005]; see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Wilcove v Town of Pittsford Zoning Bd. of Appeals, 306 AD2d 898, 899 [ … We reject petitioner’s initial contention that the Board acted illegally because there was no building permit application pending before the Commissioner of Permits (Commissioner) when the Board acted.

Brown v. State of New York

103 A.D.2d 763 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1984

Montes-Amaya v. Suffolk County Board of Elections

33 A.D.3d 946 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2006

Service of process was properly effected pursuant to CPLR *947 308 (1) (see Bossuk v Steinberg, 58 NY2d 916, 918 [1983]; Matter of Cannuscio v Garfinkle, 307 AD2d 1003 [2003]). … Goodspeed, 196 AD2d 675 [1993]; Matter of George v Van Keuren, 185 Misc 671 [1945]; see also Matter of Bush v Salerno, 51 NY2d 95 [1980]).

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 .

Matter of City of Rome v. Board of Assessors

2022 NY Slip Op 02746 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2022

Matter of City of Rome v Board of Assessors ( 2022 NY Slip Op 02746 ) Matter of City of Rome v Board of Assessors 2022 NY Slip Op 02746 Decided on April 22, 2022 Appellate Division, Fourth Department Published by New York … IN THE MATTER OF CITY OF ROME, PETITIONER-APPELLANT-RESPONDENT, v BOARD OF ASSESSORS, ASSESSOR OF TOWN OF LEWIS, BOARD OF ASSESSMENT REVIEW, RESPONDENTS-RESPONDENTS-APPELLANTS, ADIRONDACK CENTRAL SCHOOL DISTRICT AND COUNTY

O'Connor v. Board of Education of City School District

48 A.D.3d 1254 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2008

[that respondent] may impose it if chooses to do so without running afoul of the Constitution or general laws of the State” (Mandelkern v City of Buffalo, 64 AD2d 279, 281 [1978]; see also Matter of Felix v New York City

Doe v. Orange-Ulster Board of Cooperative Educational Services

4 A.D.3d 387 · Appellate Division of the Supreme Court of the State of New York · Feb 9, 2004

NY2d 44, 49 [1994]; Lawes v Board of Educ. of City of N.Y., 16 NY2d 302, 306 [1965]). … Board of Educ. of City of N.Y., 90 NY2d 944 [1997]; Garcia v City of New York, 222 AD2d 192 [1996]).

Bolton v. Town of South Bristol Planning Board

38 A.D.3d 1307 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2007

Van Voris, 229 AD2d 94, 95 [1997]; see Matter of Buerger v Town of Grafton, 235 AD2d 984, 984-985 [1997], lv denied 89 NY2d 816 [1997]; Matter of Schulz v Warren County Bd. of Supervisors, 206 AD2d 672 , 674 [1994] , lv denied … Pasnik, 90 NY2d 569, 574 [1997]; Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 NY2d 668, 688 [1996]; Matter of Jackson v New York State Urban Dev.

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 ).

People ex rel. Brown v. LeFevre

98 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1983

Frazier v Coombe, 87 AD2d 904 ). Mahoney, P. J., Sweeney, Yesawich, Jr., Weiss and Levine, JJ., concur.

Matter of Gomez v. Board of Mgrs. of Cipriani

2023 NY Slip Op 00900 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2023

Matter of Gomez v Board of Mgrs. of Cipriani ( 2023 NY Slip Op 00900 ) Matter of Gomez v Board of Mgrs. of Cipriani 2023 NY Slip Op 00900 Decided on February 16, 2023 Appellate Division, Third Department Published by New … Decided and Entered:February 16, 2023 534656 [*1]In the Matter of the Claim of Alberto Gomez, Appellant, v Board of Managers of Cipriani et al., Respondents. Workers' Compensation Board, Respondent.

Claim of Pawlewski v. Buffalo Board of Education

53 A.D.3d 834 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 2008

The payment was made consistent with the contractual terms under which a teacher’s total annual salary is paid over a period of 10 months. *836 The current situation is distinguishable from Matter of Lynch v Board of Educ … Matter of Lynch v Board of Educ. of City of N.Y., 1 AD2d at 364).

Hauquitz v. Conservation Board

30 A.D.3d 521 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2006

As the Supreme Court correctly found, the determination of the Conservation Board of the Town of Southampton was not arbitrary, unreasonable, irrational, or indicative of bad faith (see Matter of Cowan v Kern, 41 NY2d 591 … , 599 [1977]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 [2005]; Matter of Wal-Mart Stores v Planning Bd. of Town of N.