Case law

Committee to Stop Airport Expansion v. Town Board

2 A.D.3d 850 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 2003

The determination of the Town Board of the Town of East Hampton (hereinafter the Town Board) that the repaving of an aircraft parking apron at the East Hampton Airport was a Type II action under the State Environmental Quality … Review Act (see ECL art 8; hereinafter SEQRA) was not arbitrary and capricious and had a rational and substantial basis in the record (see Matter of Lahey v Kelly, 71 NY2d 135, 140 [1987]; Matter of Fuhst v Foley, 45 NY2d

East Bayside Homeowners Ass'n v. Board of Standards

77 A.D.2d 858 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 1980

Further, we note that the board of standards and appeals has consistently interpreted section 22-13 of the zoning resolution in this manner. … Corp. v Murdock, 285 NY 298, 309 ).

Bulger v. New York State Board of Parole

183 A.D.2d 451 · Appellate Division of the Supreme Court of the State of New York · May 12, 1992

There is substantial evidence to support the determination of the Parole Board that petitioner had violated the conditions of his release (see, People ex rel. Walker v Hammock, 78 AD2d 369, 371 ). … Petitioner’s attack upon the time assessment of his re-imprisonment is not a ground for relief as the Parole Board is not required to fix a date for a parole reconsideration hearing (Matter of Russo v New York State Bd. of

In re Arbitration between the Board of Education & Auburn Teachers

49 A.D.2d 35 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 1975

[Martin] supra; Board of Educ. of Chautauqua Cent. School Dist. v Chautauqua Cent. School Teachers Assn., 41 AD2d 47 ). … v American Mfg.

Petillo v. New York State Racing & Wagering Board

63 A.D.2d 952 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1978

His application for a license as owner-trainer was denied by respondent board, Division of Harness Racing, for the reason that he is a "public officer, public employee or party officer”. … (Matter of O’Day v Yeager, 308 NY 580, 586 .) He is an employee. But we think he is not a "public employee” as defined in the statute.

Classic Real Estate, Inc. v. Board of Appeals

307 A.D.2d 354 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2003

(see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Sasso v Osgood, 86 NY2d 374 [1995]). … The alleged difficulty was self-created, and granting the petitioners’ application would have an undesirable effect on the character of the neighborhood (see Village Law § 7-712-b [3]; see also Matter of McNair v Board of

Dear v. Board of Elections

307 A.D.2d 1006 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2003

Further, these provisions, as applied to him, did not violate his constitutional rights, as he does not have a fundamental right to be a candidate (see Matter of Roth v Cuevas, 158 Misc 2d 238, 252 [1993], affd 197 AD2d 369

Board of Mgrs. of Carriage House Condominium v. Healy

2021 NY Slip Op 00249 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 2021

Board of Mgrs. of Carriage House Condominium v Healy ( 2021 NY Slip Op 00249 ) Board of Mgrs. of Carriage House Condominium v Healy 2021 NY Slip Op 00249 Decided on January 19, 2021 Appellate Division, First Department Published … Index No. 150491/19 Appeal No. 12903N&M-2441 M-3245 Case No. 2020-02423 [*1]Board of Managers of Carriage House Condominium, Plaintiff-Respondent, v Valeria Calafiore Healy et al., Defendants-Appellants.

Riddick v. Board of Trustees

304 A.D.2d 377 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2003

The determination by the Medical Board, properly relied upon by respondent Board of Trustees (see Matter of Tobin v *378 Steisel, 64 NY2d 254, 259 [1985]), that petitioner’s disability was the result of a preexisting degenerative … Accordingly, respondent Board’s determination denying petitioner accident disability retirement benefits was not arbitrary and capricious and may not be judicially disturbed (see Meyer v Board of Trustees, 90 NY2d 139, 145

Oakley v. New York State Crime Victims Board

245 A.D.2d 761 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1997

We note that although petitioner performed ministerial tasks and was required to follow the Board’s rules and regulations, that does not affect our determination (see, Matter of Nolan v Tully, supra, at 298; Matter of Elterman … v Parisi, supra).

Porter v. New York State Board of Parole

282 A.D.2d 843 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2001

In light of petitioner’s failure to demonstrate that respondent’s determination was affected by a “ ‘showing of irrationality bordering on impropriety’ ” (Matter of Silmon v Travis, 95 NY2d 470, 476 , quoting Matter of Russo … v New York State Bd. of Parole, 50 NY2d 69, 77 ), we find no reason to disturb the discretionary determination that petitioner was not an acceptable candidate for parole release (see, Matter of Serna v New York State Div

Herschman v. Board of Regents of the University

233 A.D. 884 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1931

Public Employees Federation v. Public Employment Relations Board

93 A.D.2d 910 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1983

Professions v Newman, 77 AD2d 709 , mot for lv to app den 51 NY2d 707 ). … Professions v Newman, 86 AD2d 734 , mot for lv to app den 56 NY2d 504 ).

Kan v. New York City Environmental Control Board

262 A.D.2d 135 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1999

Where, as here, the determination is unambiguous and of certain consequence, the statutory period commences as soon as the aggrieved party is notified (Matter of Edmead v McGuire, 67 NY2d 714 ). … Petitioner’s letter of July 17, 1997 requesting reconsideration did not toll the statutory period (see, Matter of De Milio v Borghard, 55 NY2d 216 ; Raykowski v New York City Dept. of Transp., 259 AD2d 367 ).

Board of Mgrs. of Carriage House Condominium v. Healy

2021 NY Slip Op 00249 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 2021

Board of Mgrs. of Carriage House Condominium v Healy ( 2021 NY Slip Op 00249 ) Board of Mgrs. of Carriage House Condominium v Healy 2021 NY Slip Op 00249 Decided on January 19, 2021 Appellate Division, First Department Published … Index No. 150491/19 Appeal No. 12903N&M-2441 M-3245 Case No. 2020-02423 [*1]Board of Managers of Carriage House Condominium, Plaintiff-Respondent, v Valeria Calafiore Healy et al., Defendants-Appellants.

Lockley v. Board of Education

302 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2003

Thus, the Supreme Court properly granted summary judgment to the defendant (see Lawes v Board of Educ. of City of N.Y., 16 NY2d 302, 306 ; Cimafonte v Levittown Bd. of Educ., 299 AD2d 445 ; Collins v Studer, 299 AD2d 386 … ; Janukajtis v Fallon, 284 AD2d 428, 429-430 ).

State Board of Professional Medical Conduct v. Schlesinger

84 A.D.2d 879 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1981

On or about April 18, 1980, the New York State Board of Professional Medical Conduct (board) charged respondent Dr. … In situations such as this, however, we have held the granting of prohibition improper (see Matter of Rainka v Whalen, 73 AD2d 731 , affd 51 NY2d 973 ).

Board of Education of the Union-Endicott Central School District v. New York State Public Employment Relations Board

197 A.D.2d 276 · Appellate Division of the Supreme Court of the State of New York · May 5, 1994

The gravamen of the relief sought in this case is fundamentally private (see, Matter of Jackson v Board of Educ., 194 AD2d 901 , lv denied 82 NY2d 657 ; Hoger v Thomann, 189 AD2d 1048 ; Matter of Harder v Board of Educ., … 188 AD2d 783 ), and "not attempting to pursue the kind of public interest that would remove the necessity of filing a notice of claim” (Matter of Jackson v Board of Educ., supra, at 903).

Norton v. Village of Phoenix Board of Trustees

245 A.D.2d 1143 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1997

of Trustees (Board). … of Memmelaar v Straub, supra, at 981-982; Matter of Edgar v Dowling, supra, at 511; Matter of Sander v Owens, supra, at 969).

Matter of Buchyn v. Scirocco

2022 NY Slip Op 03197 · Appellate Division of the Supreme Court of the State of New York · May 13, 2022

Matter of Buchyn v Scirocco ( 2022 NY Slip Op 03197 ) Matter of Buchyn v Scirocco 2022 NY Slip Op 03197 Decided on May 13, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant … A designating petition was filed with respondent State Board of Elections purporting to designate respondents Frank Scirocco, Edward Morcone, Kevin Cronin and George Brown (hereinafter collectively referred to as respondents