Case law

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.

Arceri v. Town of Islip Zoning Board of Appeals

16 A.D.3d 411 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 2005

(see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Fuhst v Foley, 45 NY2d 441, 444-445 [1978]; Matter of Westervelt v Zoning … Board (see Matter of Kreye v Bordino, 302 AD2d 465 [2003]; Matter of Bianco Homes II v Weiler, 295 AD2d 506, 506-507 [2002]).

Jacobson v. Jacobson

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

Riverkeeper, Inc. v. Planning Board of Town of Southeast

32 A.D.3d 431 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 2006

[1990]; see also Matter of Coca-Cola Bottling Co. of N.Y. v Board of Estimate of City of N.Y., 72 NY2d 674, 681 [1988]; Purchase Envtl. … Board of Estimate of City of N.Y., 72 NY2d 674, 682 [1988]; Matter of Ecumenical Task Force of Niagara Frontier v Love Canal Area Revitalization Agency, 179 AD2d 261, 268 [1992]).

City of Middletown v. Town Board of Wallkill

54 A.D.3d 333 · Appellate Division of the Supreme Court of the State of New York · Aug 5, 2008

v Howland, 43 AD2d 787 [1973]). … However, a town board may not require an EIS “based on a speculative possibility of use of the property” (Cross Westchester Dev. Corp. v Town Bd. of Town of Greenburgh, 141 AD2d at 797 ).

Bartley v. New York City Board of Education

54 A.D.3d 564 · Appellate Division of the Supreme Court of the State of New York · Sep 2, 2008

Westbank Contracting, Inc. v. Rondout Valley Central School District

46 A.D.3d 1187 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2007

Co., 295 AD2d 855, 856 [2002]; Board of Educ. of Hudson City School Dist. v Sargent, Webster, Crenshaw *1190 & Folley, 146 AD2d 190, 199-200 [1989], lv denied 75 NY2d 702 [1989]). … Auth. of City of Schenectady, 222 AD2d 778, 779 [1995], lv denied 87 NY2d 811 [1996] [citations omitted]; see Board of Educ. of Hudson City School Dist. v Sargent, Webster, Crenshaw & Folley, 71 NY2d 21, 26-28 [1987]). “

City of Syracuse v. State Board of Equalization & Assessment

101 A.D.2d 653 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 1984

judgment of the Supreme Court at Special Term (Cobb, J.), entered June 24, 1983 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of the State Board … H In March, 1982, respondent, State Board of Equalization and Assessment (SBEA), established a tentative equalization rate of 22.95% for petitioner City of Syracuse.

Diaz v. State Board for Professional Medical Conduct

68 A.D.3d 1565 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2009

Ambach, 74 NY2d 318, 322 [1989]; see Education Law § 6530 [3]; Matter of Corines v State Bd. for Professional Med. … New York State Dept. of Health, 40 AD3d 1251, 1252 [2007]; Matter of Ticzon v New York State Dept. of Health, 305 AD2d 816, 818 [2003]).

People ex rel. Griffiths v. Board of Supervisors

143 A.D. 722 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1911

November 11, 1908, the board convened in its regular annual session. … the board ordered j>aid.

Avalos v. City of New York Board of Education

67 A.D.3d 675 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 2009

Here, the petitioners failed to present a reasonable excuse for failing to serve a timely notice of claim (see Matter of Tineo v City of New York, 273 AD2d 397 [2000]; Matter of Jackson v City of New Rochelle, 227 AD2d 483 … , the petitioners failed to demonstrate that the respondent had actual notice of the essential facts constituting their claim within 90 days of their claim’s accrual or a reasonable time thereafter (see Matter of Dunlea v

Monacelli v. Board of Education of City School District

92 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1983

v Bently Inds., 87 AD2d 644 ; Condurso v Thumsuden, 84 AD2d 802 ; Incorporated Vil. of Thomaston v Biener, 84 AD2d 781 ; Shea v City of New York, 77 AD2d 21 ; Horn v Schenck Transp. … v Thumsuden, supra; Monahan v Fiore, 71 AD2d 914 ).

Congregation Gates of Prayer v. Board of Appeals

48 A.D.2d 679 · Appellate Division of the Supreme Court of the State of New York · May 19, 1975

In a proceeding pursuant to CPLR *680 article 78 to annul a determination of the Board of Appeals of the Village of Lawrence, dated March 18, 1974, the appeals are from a judgment of the Supreme Court, Nassau County, dated … Under well established principles, this court must apply the law as it exists as of the time of our decision (Matter of Lunden v Petito, 30 AD2d 820 , and cases *681 there cited).

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.

Brown v. City of New York Department of Parks & Recreation

281 A.D.2d 195 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2001

Jones v. New York City Board of Education

189 A.D.2d 818 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1993

We find that this penalty, while obviously severe, is not, under all the circumstances, so disproportionate to the offenses in question as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 … Regan, 133 AD2d 815 ; Matter of Carlan v Board of Educ., 128 AD2d 706 ).

Hughes, Harrison & Brown Roofing, Inc. v. Wm. F. Slack, Inc.

70 A.D.2d 874 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1979

We agree with the determination of Special Term that no justiciable issue presently exists (see Tobra Knitting Mills v Harris, 12 AD2d 507 ). … Grant Co. v Uneeda Doll Co., 19 AD2d 361 , dissenting opn of Eager, J., p 364). Hopkins, J. P., Suozzi, Gulotta and Cohalan, JJ., concur.

Freihofer v. Lake George Zoning Board of Appeals

137 A.D.2d 894 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1988

Corp. v Murdock, 285 NY 298, 304 ; see also, FGL & L Prop. Corp. v City of Rye, 66 NY2d 111, 115 ). … Accordingly, we conclude that the Board’s interpretation of the former ordinance was not irrational (see, Appelbaum v Deutsch, 66 NY2d 975, 977 ; Matter of Frampton v Zoning Bd. of Appeals, 114 AD2d 670 ).

Lamos v. Board of Assessment Review of Argyle

194 A.D.2d 1025 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1993

Board of Assessors, 141 AD2d 175 ). … The proper inquiry is whether, if the facts alleged were conceded and deemed to be true, the court could grant judgment in favor of petitioners (see, Matter of McNamara v Board of Assessors, 39 AD2d 817 ; see also, Quail

Frome v. Board of Elections of Nassau County

89 A.D.2d 950 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 1982

Board of Elections of City of N.Y., 53 NY2d 515 ). … Matter of Higby v Mahoney, 48 NY2d 15 ).