Case law

Pinsley v. New York State Racing & Wagering Board

73 A.D.2d 756 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1979

Our concern is to review the decision and findings made by the respondent board. None were made here. … Respondent’s failure to set forth any findings of fact precludes adequate judicial review (Matter of Simpson v Wolansky, 38 NY2d 391 ; Matter of Pachucki v Walters, 56 AD2d 677 ).

Held v. State of New York Workers' Compensation Board

85 A.D.3d 35 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 2011

Jorling, 91 NY2d 507, 516 [1998]; Matter of Lezette v Board of Educ., Hudson City School Dist., 35 NY2d 272, 281 [1974]; Matter of Aides At Home, Inc. v State of N.Y. … share of the administrative expenses incurred by the Board in fulfilling its mission of providing “a swift and sure source of benefits to injured” workers (Crosby v State of N.Y., Workers’ Compensation Bd., 57 NY2d 305, 313

New York Citizens Utility Board, Inc. v. Pataki

231 A.D.2d 185 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1997

of Dondi v Jones, 40 NY2d 8, 29 [Breitel, Ch. … Cuomo, supra, at 785; Clark v Cuomo, 66 NY2d 185, 189 ; Matter of Broidrick v Lindsay, 39 NY2d 641, 646 ).

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.

Gomez v. Sharon Baptist Board of Directors, Inc.

55 A.D.3d 446 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2008

v Two Exch. … Accordingly, summary judgment on the contractual indemnification claim is premature (see DiPerna v American Broadcasting Cos., 200 AD2d 267, 270 [1994]; Cichon v Brista Estates Assoc., 193 AD2d 926, 927-928 [1993]).

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

Brown v. Mat Enterprises of NY Inc.

97 A.D.3d 401 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2012

The expert noted the two-week delay between the accident and the loss of the fetus, and the fact that in the intervening time, both plaintiff and the fetus had normal examinations (see generally Franchini v Palmieri, 1 NY3d … Corp., 82 AD3d 596, 597 [2011]; Tsamos v Diaz, 81 AD3d 546 [2011]). Given the conflicting evidence in the medical records, the matter should be resolved by the trier of fact.

Clay Dome & Golf Center, LLC v. Board of Assessors

300 A.D.2d 1092 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2002

Credit Union v Stuhlman, 267 AD2d 1026, 1027 , lv denied 95 NY2d 758 ). Present — Pigott, Jr., P.J., Green, Hayes, Scudder and Lawton, JJ.

Kahn v. Planning Board of City of Buffalo

64 A.D.3d 1200 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2009

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.

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]).

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]).

Jay Dee Tomfor Transportation v. Board of Assessors

288 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · Nov 26, 2001

Contrary to the appellants’ contention, the appraisal evidence submitted by the petitioner was adequate to sustain its burden of overcoming the presumption of validity attaching to the tax assessment (see, Matter of FMC Corp. v … Assocs. v Assessors of Town of Riverhead, 270 AD2d 272, 273 ). S. Miller, J. P., Luciano, Schmidt and Smith, JJ., concur.

Fine Associates v. Board of Trustees of Elmsford

228 A.D.2d 437 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1996

Assocs. v Town Bd., supra, at 618). … Co. v Meyer, 200 AD2d 743 ; Matter of Fairris v Town of Washington Planning Bd., 167 AD2d 368 ; Matter of Velez v Board of Appeals, 147 AD2d 648, 649 ; Matter of Gaona v Town of Huntington Zoning Bd. of Appeals, 106 AD2d

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

Wood v. New York State Board of Parole

283 A.D.2d 702 · Appellate Division of the Supreme Court of the State of New York · May 3, 2001

respondent placed emphasis on the seriousness of petitioner’s crime, it appropriately considered the relevant statutory factors including his positive accomplishments in prison and postrelease plans (see, Matter of Thomas v … Inasmuch as petitioner has failed to demonstrate “ ‘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,

Graebe v. Board of Directors of Richmond County

274 A.D.2d 429 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 2000

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Directors of the Richmond County Country Club, dated May 12, 1999, which, after a hearing, inter alia, suspended the petitioner’s membership … Purpura v Richmond County Country Club, 114 AD2d 460 ).

Wadsworth v. Board of Sup'rs of Livingston County

144 N.Y.S. 1149 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1913

Peconic Bay Broadcasting Corp. v. Board of Appeals

99 A.D.2d 773 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1984

Corp. v Gibson, 73 AD2d 1050,1051 , affd 53 NY2d 813 ). … Where the record supports a board’s determination for which there is a rational basis, the reviewing court should not interfere with that determination absent clear illegality {Matter of North Ridge Enterprises v Town of