Case law

Cerame v. Town of Perinton Zoning Board of Appeals

6 A.D.3d 1091 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2004

Judicial review of an administrative determination is limited to whether the administrative action is arbitrary and capricious or lacks a rational basis (see generally Matter of Pell v Board of Educ. of Union Free School … Administrative agencies such as zoning boards are “vested with great discretion” (Matter of Gomez v Zoning Bd. of Appeals of Town of Islip, 293 AD2d 610, 610 [2002]).

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.

People v. Miller

152 N.Y.S. 1133 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1915

Proceedings by the People of the State of New York against Joseph Miller and against Harry Brown and another. N. Tolk, of New York City, for appellants. S. L. Richter, of New York City, for the People. No opinion.

Matter of Frigault v. Town of Richfield Planning Board

128 A.D.3d 1232 · Appellate Division of the Supreme Court of the State of New York · May 21, 2015

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]; see Matter of Feinberg v Board of Appeals of Town of Sanford, 306 AD2d 593, 594 [2003]). … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d at 196).

Board of Education v. West Babylon Teachers Ass'n

72 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1979

of Educ. v Yonkers Federation of Teachers, 40 NY2d 268, 274 ), or after expiration of the contract (see Matter of Board of Educ. v Pearl River Teachers Assn., 71 AD2d 654 ). … of Educ. v Three Vil.

200 Country Club Associates v. Board of Assessors

83 A.D.2d 637 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 1981

As stated by the Court of Appeals in Matter of Merrick Holding Corp. v Board of Assessors of County of Nassau ( 45 NY2d 538, 541-542 ): “The command of section 306 of the Real Property Tax Law that all property be assessed … Board of Assessors of Town of Blooming Grove, 34 AD2d 953 ; cf. Matter of Hellerstein v Assessor of Town of Islip, 37 NY2d 1, 4-5 ; People ex rel. Jamaica Water Supply Co. v State Bd. of Tax Comrs., 196 NY 39, 51-53 ).”

City of Albany v. Public Employment Relations Board

51 A.D.2d 386 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 1976

Permanent Professional Firefighters Association (APPFA) pursuant to CPLR article 75 or, alternatively, CPLR article 78 against the respondent City of Albany, its Mayor and Comptroller and the Public Employment Relations Board … of Buffalo Police Benevolent Assn, v City of Buffalo, 81 Misc 2d 172 ).

Rogers v. Board of Sup'rs

78 N.Y.S. 1081 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1902

Ziegler v. Chapin, 126 N. Y. 342, 347 , 27 N. E. 471 ; Warrin v. Baldwin, 105 N. Y. 534, 537 , 12 N. E. 49 ; Armstrong v. Grant, 56 Hun, 226, 228, 229 , 9 N. Y. Supp. 388 . See, also, Peck v. Belknap, 130 N. … Gerlach v. Brandreth, 34 App. Div. 197, 199 , 54 N. Y. Supp. 479 ; Bush v. O’Brien, 164 N. Y. 205, 215 , 58 N. E. 106 ; *1083 Ayers v. Lawrence, 59 N. Y. 192 ; Gorden v. Strong, 158 N. Y. 407, 408 , 53 N.

Jacobson v. Jacobson

155 N.Y.S. 1115 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1915

Town Board v. Fishman

17 A.D.2d 654 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1962

land for use as a public beach, the parties cross-appeal as follows from a final order of the Supreme Court, Suffolk County, dated September 28, 1961, made upon the decision of the court after a nonjury trial: (1) The Town Board … Knapp v. Fasbender, 278 App. Div. 970 ). In view of this disposition on the claimants’ appeal, the appeal of the Town Board is dismissed as academic. Ughetta, Acting P.

Meyer v. Zoning Board of Appeals

139 A.D.3d 1406 · Appellate Division of the Supreme Court of the State of New York · May 6, 2016

We reject petitioners’ contention that the determination to grant the use variance lacks a rational basis and is not supported by substantial evidence (see generally Matter of Pecoraro v Board of Appeals of Town of Hempstead … [and] took a ‘hard look’ at them” (Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400, 417 [1986]).

Dinerman v. Jewish Board of Family & Children's Services, Inc.

55 A.D.3d 530 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 2008

factual claims flatly contradicted by documentary evidence are not entitled to any such consideration” (Garber v Board of Trustees of State Univ. of N.Y., 38 AD3d 833, 834 [2007], quoting Maas v Cornell Univ., 94 NY2d 87 … Garber v Board of Trustees of State Univ. of N.Y., 38 AD3d at 834 ; Gertler v Goodgold, 107 AD2d 481, 485 [1985], affd 66 NY2d 946 [1985]).

Hill v. New York State Board of Elections

22 A.D.3d 957 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 2005

After learning that he had not also secured the Republican Party nomination for that office, on September 29, 2005, Hummel filed a declination of the Independence Party nomination with respondent State Board of Elections. … While petitioner correctly states that the Election Law requires “strict compliance with statutory commands as to matters of prescribed content” (Matter of Hutson v Bass, 54 NY2d 772, 774 [1981]; see Matter of Flach v DeBenedictus

Zapata v. New York City Board of Education

40 A.D.3d 1083 · Appellate Division of the Supreme Court of the State of New York · May 29, 2007

Ullman Estates v. New York City Conciliation & Appeals Board

97 A.D.2d 296 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1983

Corp. v Conciliation & Appeals Bd., supra; Matter of Axelrod Mgt. Co. v Conciliation & Appeals Bd., supra; Matter of Century Operating Corp. v Prince, supra). … Corp. v Prince, supra).

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.

Vasquez v. New York State Board of Parole

89 A.D.2d 734 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1982

is not subject to the convenience and practical control of the board. … Mantón v Von Holden, 86 AD2d 967 ; People ex rel. Delrow v New York State Div. of Parole, 81 AD2d 391 , mot for lv to app dsmd 54 NY2d 784 ; contra People ex rel. Brown v Walters, 84 AD2d 852 [2d Dept]).

Suib v. New York City Board of Education

309 A.D.2d 920 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2003

Big V Supermarkets, 86 NY2d 744 [1995]; Asaro v Micali, 292 AD2d 552 [2002]). … Accordingly, the plaintiff’s motion pursuant to CPLR 4404 (a) to set aside the verdict and for a new trial on damages should have been granted (see Farrukh v Board of Educ., 227 AD2d 440 [1996]; see also Bobek v Crystal,

Bokman v. New York State Racing & Wagering Board

77 A.D.2d 459 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1980

or unreasonable”, and the Board’s determination must be upheld by the courts “ ‘if it has “warrant in the record” and a reasonable basis in law’ ” (Matter of Howard v Wyman, 28 NY2d 434, 438 , quoting Board v Hearst Pub. … , 322 US 111, 131 ; see Matter of Lezette v Board of Educ., 35 NY2d 272, 281 ).

McGrath v. State Board for Professional Medical Conduct

88 A.D.2d 906 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1982

tecum to come forward with a factual basis which establishes the relevancy of the items sought to the subject matter of the investigation before an individual will be compelled to comply with the subpoena’s mandate (Virag v … P., O’Connor, Thompson and Brown, JJ., concur.