Case law

D'Onofrio Bros. Construction Corp. v. Board of Education

72 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1979

Egan, Inc. v City of New York, 17 NY2d 90 ; Rinehart & Dennis Co. v City of New York, 263 NY 120 ; R & R Wrecking Co. v City of New York, 53 AD2d 859 ; Welsh v Gindele & Johnson, 50 AD2d 971 ; McKay Constr. … Co. v Board of Educ., 33 AD2d 862 ). We have considered defendant’s other contentions and find them to be without merit.

Gina Petroleum, Inc. v. Zoning Board of Appeals

127 A.D.2d 560 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1987

Similar language in General City Law § 81 (4) was construed, in Matter of Scarpati v Feriola ( 8 AD2d 111, 115 , appeal dismissed 7 NY2d 724 ), as giving the Board of Appeals in that case the power to vary or modify the time … J., Brown, Weinstein and Rubin, JJ., concur.

Belle v. Town Board of the Town of Onondaga

61 A.D.2d 352 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1978

, mod on other grounds 40 NY2d 908 ; Matter of Policemen’s Benevolent Assn. of Westchester County v Board of Trustees of Vil. of Croton-on-Hudson, 21 AD2d 693 ; see, also, Matter of Fritz v Huntington Hosp., 39 NY2d 339 … (See Matter of Merrin v Town Bd. of Town of Kirkwood, 48 AD2d 992 ; Matter of Zeidler v Board of Supervisors of County of Suffolk, 35 AD2d 54 .)

Siegel v. Zoning Board of Appeals of Irvington

73 A.D.3d 936 · Appellate Division of the Supreme Court of the State of New York · May 11, 2010

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Irvington dated December 5, 2008, granting the application of the respondent Doris K. … Goord, 9 NY3d 386, 389-390 [2007]; Lefkowitz v Etra & Etra, 13 AD3d 132, 133 [2004]; Matter of Falco v Town of Islip, 289 AD2d 490, 490-491 [2001]; Matter of Waylonis v Baum, 281 AD2d 636, 638 [2001]).

Northside Salvage Yard, Inc. v. Board of Appeals

199 A.D.2d 1001 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1993

Mielnicki v. New York State Board of Elections

224 A.D.2d 819 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1996

the Board on petitioners’ behalf. … ; Matter of Goldstein v Carlsen, 59 AD2d 642, 643 , affd 42 NY2d 993 ).

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

Semel v. Ambach

118 A.D.2d 385 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 1986

After a hearing, the hearing officer makes a recommendation to the Board of Education (8 NYCRR 200.5 [c] [10]), and from a determination of the Board an appeal lies to the Commissioner (Education Law § 4404 [2]; 8 NYCRR 200.5 … v Ambach, 522 F Supp 867 ).

Board of Education v. Pearl River Teachers Ass'n

71 A.D.2d 654 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1979

School Dist.], 44 NY2d 68 ; Matter of Board of Coop. … Educational Servs. of Rockland County v New York State Public Employment Relations Bd., supra; Matter of Board of Educ. v Yonkers Federation of Teachers, 40 NY2d 268 ; Matter of Burke v Bowen, 40 NY2d 264 ; Matter of Board

Larkin v. Town Board of Town of Fleming

52 A.D.2d 1068 · Appellate Division of the Supreme Court of the State of New York · May 28, 1976

of the Town of Fleming (Board). … validity of the petition process used in creation of the water district (see Reister v Town Bd. of Town of Fleming, 18 NY2d 92 , affg 24 AD2d 548 ).

Santiago v. New York City Board of Health

8 A.D.3d 179 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 2004

. *180 In a prior action, Auclair v New York City School Constr. Auth. … behalf of her daughter Kyla, Gayle Raskin was one of the numerous parents seeking damages for personal injuries sustained by their children against the New York City School Construction Authority (SCA), the New York City Board

Pisano v. New York City Board of Education

303 A.D.2d 735 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 2003

disability was not caused by her accident (see Brugman v City of New York, 64 NY2d 1011 [1985]; see also Abiele Contr. v New York City School Constr. … Auth., 91 NY2d 1 [1997]; Werner v State of New York, 53 NY2d 346 [1981]; Sampson v Board of Educ. of City of N.Y., 191 AD2d 283 [1993]). The plaintiffs’ remaining contentions are without merit.

Board of Education v. Sargent, Webster, Crenshaw & Folley

125 A.D.2d 27 · Appellate Division of the Supreme Court of the State of New York · Feb 12, 1987

On appeal, this court agreed that the gravamen of plaintiff’s causes of action against both Sargent and Thompson sounded in contract and affirmed in all respects (Board of Educ. v Thompson Constr. Corp., 111 AD2d 497 ). … of Educ. v Thompson Constr.

Metropolitan Taxicab Board of Trade, Inc. v. Boardman

270 A.D.2d 633 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 2000

.§ 154 [1], [2], [7]), the appropriate standard of review is whether the agency’s determination is arbitrary and capricious (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of Christopher v Phillips, 160 AD2d … , 100 AD2d 41, 43 ; Matter of Landesman v Board of Regents, 94 AD2d 827, 828-829 ).

Board of Education v. State Division of Human Rights

109 A.D.2d 988 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1985

Pace Coll, v Commission on Human Rights, supra). … At the hearing, petitioner produced three school board members who gave several reasons for Stott’s selection, particularly his more recent classroom experience as a substitute teacher at one of petitioner’s schools, his

Onondaga Soil Testing, Inc. v. Barton, Brown, Clyde & Loguidice, P. C.

69 A.D.2d 984 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1979

Corp. v Giallombardo, 54 AD2d 1084 ; Walski v Forma, 54 AD2d 776 ). … v Tri-Pac Export Corp., 22 NY2d 439 ).

People ex rel. Nash v. Board of Supervisors

164 A.D. 89 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1914

Smart v. Board of Supervisors, 66 App. Div. 66, 71 .) … Brown v. Bd. of Supers. Onondaga Co., 4 N. Y. Cr. Rep. 102; affirmed, 102 N. Y. 691 .)

Griffin v. Town Board

23 A.D.2d 944 · Appellate Division of the Supreme Court of the State of New York · May 24, 1965

Tri-County Taxpayers Ass'n v. Town Board of Queensbury

79 A.D.2d 337 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1981

In July of 1979 the respondent Town Board of the Town of Queensbury adopted three resolutions which dealt with the establishment of a sewer district and the construction of related facilities. … Matter of Town of Henrietta v Department of Environmental Conservation of State of N. Y., 76 AD2d 215, 220 ; H.O.M.E.S. v New York State Urban Dev. Corp., 69 AD2d 222 ).

Pete Drown, Inc. v. Town Board of Ellenburg

188 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1992

Assn. v Town of Guilderland, 74 NY2d 372, 376-377 ). … of Savona v Soles, 84 AD2d 683, 684 ).