Case law

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 ).

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 ).

People ex rel. Brownell v. Board of Assessors

127 A.D. 851 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1908

Yawger v. Allen, 52 id. 538.) … (Londoner v. Denver, 210 U. S. 373 .)

Belanger v. New York State Racing & Wagering Board

114 A.D.2d 609 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1985

The latter contention has heretofore been considered and rejected by this court (Matter of Crawford v New York State Racing & Wagering Bd., 100 AD2d 653, 653-654 ); we adhere to that decision. … That regulation, the validity of which is undisputed (see, Barchi v Sarafan, 436 F Supp 775, 783-784 , mod sub nom.

Dykes v. Planning Board of Town of Webster

45 A.D.3d 1288 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2007

Knadle v. Zoning Board of Appeals of Huntington

121 A.D.2d 447 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1986

"Entitlement to .a special exception is not a matter of right” (Matter of Tandem Holding Corp. v Board of Zoning Appeals, 43 NY2d 801, 802 ), and an exception may only be secured upon a showing of compliance with those standards … set forth in the zoning ordinance (see, Matter of Roginski v Rose, 97 AD2d 417 , affd 63 NY2d 735 ; Matter of Wen & Liz Realty Corp. v Board of Zoning Appeals, 94 AD2d 182 ).

Benjamin Kurzban & Son, Inc. v. Board of Education

155 A.D.2d 662 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1989

the contract, the evidence leads inexorably to the conclusion that by unjustifiably preventing the petitioner from carrying out its contractual obligations, the respondent breached the contract (see generally, Savin Bros. v

Erie County Board of Social Welfare v. Truesdale

15 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1962

. *863 Kazansky v. Bergman, 4 A D 2d 79; Matter of Conway v. Crosby, 272 App. Div. 868 ; Commissioner of Public Welfare of the City of New York v. Arvay, 241 App. Div. 691 ).

Pascazi v. New York State Board of Elections

207 A.D.2d 650 · Appellate Division of the Supreme Court of the State of New York · Aug 29, 1994

Case law previously established that such a discrepancy would invalidate a designating petition (see, Matter of Bartle v May, 54 AD2d 532 ; cf., Matter of Sutcliffe v Jablonski, 72 AD2d 540 , affd 48 NY2d 721 ). … Board of Elections, 53 NY2d 515, 517 ).

People ex rel. McHenry v. Board of Supervisors

140 A.D. 759 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1910

Bliss v. Board of Supervisors ( 15 N. Y. Supp. 748 ). … (See Osterhoudt v. *762 Rigney, 98 N. Y. 222 ; People ex rel. Smith v. Clarke, 174 id. 263 .) It cannot be said that the determination of the board of supervisors was against the weight of evidence.

Kaiser v. Town of Islip Zoning Board of Appeals

74 A.D.3d 1203 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2010

Upon judicial review, the general rule is that, absent evidence of illegality, a court must sustain the determination if it has a rational basis in the record before the zoning board (see Matter of Pecoraro v Board of Appeals … ; Matter of Genser v Board of Zoning & Appeals of Town of N.

Rockbottom Stores, Inc. v. Zoning Board of Appeals

237 A.D.2d 611 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1997

135 ; Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of Lawrence v Weinstein, 181 AD2d 888 ; Matter of County of Suffolk v Newman, 173 AD2d 618 ). … based upon substantial evidence (see, Matter of Party City v Board of Appeals, 212 AD2d 618 ).

Matter of Foster v. New York State Parole Board

131 A.D.3d 1332 · Appellate Division of the Supreme Court of the State of New York · Sep 24, 2015

He reappeared before the Board of Parole in May 2014 and, following a hearing, the Board denied his application for discretionary parole release and ordered him held for an additional 24 months. … Petitioner's claim that the Board failed to properly apply the relevant statutes to his application for release presented factual issues that are reviewable on an administrative appeal (see Town of Oyster Bay v Kirkland,

Oyster Bay Associates Ltd. Partnership v. Town Board

303 A.D.2d 410 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 2003

Y. v Planning Bd. of Town of Babylon, 277 AD2d 319, 320 [2000]; Matter of Ernalex Constr. Realty Corp. v Bellissimo, 256 AD2d 338, 340 [1998]). … Further, the Supreme Court properly determined that the Town Board abused its discretion in failing to consider the petitioners’ offer of mitigation (see Matter of Merson v McNally, 90 NY2d 742, 753-754 [1997]; cf.

Estate of Rogowsky v. Board of Assessment Review

191 A.D.2d 697 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1993

The petitioner’s reliance on Matter of Krugman v Board of *698 Assessors ( 141 AD2d 175 ), was properly rejected by the court as being misplaced. … Thus, the petitioner was properly precluded from mounting a collateral attack in an proceeding pursuant to CPLR article 78 (see, Matter of Krugman v Board of Assessors, supra, at 180). Thompson, J.

Lone Star Cement Corp. v. Board of Education

32 A.D.2d 101 · Appellate Division of the Supreme Court of the State of New York · May 16, 1969

Appeal is taken from a judgment of the Supreme Court at Special Term which granted petitioners’ application in a proceeding under CPLR article 78 to require respondent-appellant Board of Education to compute and collect petitioners … school taxes for the fiscal year commencing July 1, 1968 on the basis of the assessment of petitioners’ property on the 1968 assessment roll for the Town of Green-port rather than the 1967 roll actually utilized by the board

People ex rel. Allison v. Board of Education

49 N.Y.S. 915 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1898

In the year 1896 proceedings were begun to take, for the purposes of the board of education, certain property situated in the city of New York. … sites, and for the erection of buildings, and fitting up and furnishing them; but it was expressly provided that no expenditure from these proceeds should be authorized or made without the approval and requisition of the board

Purcell v. New York State Board of Parole

256 A.D.2d 698 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1998

Petitioner, a prison inmate, commenced this CPLR Article 78 proceeding challenging the denial of his application for parole release following an August 21, 1996 Parole Board hearing. … Consequently, the instant appeal is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635 ; Matter of Almeyda v New York State Div. of Parole, 251 AD2d 739 ). Mikoll, J.