Case law

Muncan v. State Board for Professional Medical Conduct

296 A.D.2d 721 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2002

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Public Health Law § 230-c [5]) to review a determination of respondent Administrative Review Board for Professional Medical Conduct which suspended … , 654 ), it is equally well settled that knowledge and intent to deceive may be inferred from the surrounding circumstances (see, Matter of Steckmeyer v State Bd. for Professional Med.

Gorman v. Board of Elections

76 A.D.2d 658 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 2010

“The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with” (Matter of Hennessey v DiCarlo, 21 AD3d 505, 505 [2005]; see Matter of Del Villar v Vekiarelis, … 59 AD3d 642, 643 [2009]; Matter of Master v Pohanka, 43 AD3d 478, 480 [2007]).

Matter of Rodriguez v. Sky Materials Corp.

2026 NY Slip Op 03342 · Appellate Division of the Supreme Court of the State of New York · May 28, 2026

As a result, "SPLI and State National bore the burden of establishing that claimant was not a leased employee covered by the underlying workers' compensation policy in this particular case" ( Matter of Brown v Buffalo Transp … LLC , 196 AD3d 988, 989-990 [3d Dept 2021], and Matter of Gaylord v Buffalo Transp., Inc. , 195 AD3d at 1203, with Matter of Fonseca v Platinum Carpentry Inc. , 238 AD3d at 1447, and Matter of Brown v Buffalo Transp., Inc

Foltman v. Board of Regents of the University

97 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1983

That there is conflicting evidence in this regard does not bar a determination of guilt when, as here, a reasonable person could find petitioner committed the alleged acts of negligence (Matter of Pell v Board of Educ., 34 … NY2d 222 ; Matter of Tompkins v Board of Regents, 299 NY 469,474 ).

McGrath v. Town Board of Town of North Greenbush

254 A.D.2d 614 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1998

from the public at large (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406, 413-414 ; Matter of Sopchak v Guernsey, 176 AD2d 403 ; Matter of Friends of Woodstock v Town of Woodstock Planning Bd. … Therefore, she was not aggrieved by the alleged deficiencies in the published notice of August 5, 1997 (see, Matter of Brew v Hess, 124 AD2d 962 ; Matter of Sutton v Board of Trustees, 122 AD2d 506 ).

Neuhaus v. Staten Island Board of Realtors, Inc.

44 A.D.3d 1054 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2007

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award and for certain declaratory and injunctive relief against the Staten Island Board of Realtors, Inc., the Staten Island Board of Realtors, Inc., appeals … Staten Island Board of Realtors, Inc. (hereinafter SIBOR), whose members served as arbitrators in a fee dispute between the petitioners Mimi Neuhaus and Neuhaus Real Estate, Inc.

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]).

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

Mendoza v. New York State Board of Parole

290 A.D.2d 611 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 2002

Given petitioner’s subsequent appearance before respondent, the instant matter is now moot and this appeal must be dismissed (see, Matter of Bermudez v New York State Div. of Parole, 281 AD2d 673 ).

Thompson v. Board of Elections

287 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 2001

The Supreme Court properly determined that there were no irregularities with respect to the subject absentee ballots (cf., Matter of Kinebrew v Williams, 112 AD2d 1077 ). … Power, 22 NY2d 594, 595 ; see, Matter of Garson v Michaels, 176 AD2d 906 ; Matter of Belanger v Nolan, 154 AD2d 413 ).

Wilson v. Board of Education Harborfields Central School District

65 A.D.3d 1158 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 2009

v Whalen, 46 NY2d 734, 735 [1978]; Matter of Specht v Town of Cornwall, 13 AD3d 380, 381 *1159 [2004]; Matter of Roberts v Town Bd. of Carmel, 207 AD2d 404, 405 [1994]; Matter of Sanna v Lindenhurst Bd. of Educ., 85 AD2d … § 107 (2) (see Matter of Gordon v Village of Monticello, 87 NY2d 124, 127-128 [1995]; Matter of Roberts v Town Bd. of Carmel, 207 AD2d 404, 405 [1994]; Matter of Goodson Todman Enters. v City of Kingston Common Council,

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

GOOLEY, DONALD v. BOARD OF EDUCATION

Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

DONALD GOOLEY, PLAINTIFF-RESPONDENT, V MEMORANDUM AND ORDER BOARD OF EDUCATION AND TOWN OF WEBB UNION FREE SCHOOL DISTRICT, DEFENDANTS-APPELLANTS. … Defendant Board of Education (Board) advised plaintiff by letter that it determined that the removal of the documents constituted a breach of the agreement and canceled the District’s obligation under the agreement to issue

Lucas v. Board of Appeals of Village of Mamaroneck

93 A.D.3d 844 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2012

Thus, the petitioners should have named and joined the Director as a party to this proceeding (see Ferrick v State of New York, 198 AD2d 822 [1993]; D.B.C.G., Inc. v Town of Ramapo, 97 AD2d 533 [1983]). … This was error, as the petitioners failed to show that they would suffer an irreparable injury in the absence of the temporary restraint (see Tesone v Hoffman, 84 AD3d 1219 [2011]; see generally Dover Gourmet Corp. v Nassau

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

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.

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

Brady v. Town of Islip Zoning Board of Appeals

65 A.D.3d 1337 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2009

Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]; see Matter of North Shore Steak House v Board of Appeals of Inc. Vil. of Thomaston, 30 NY2d 238, 243 [1972]). … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]).

Board of Education v. Yonkers Federation of Teachers

81 A.D.2d 585 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1981

forth those matters as follows: “In September, 1979, a number of elementary teachers were assigned to teach classes of mixed-grade students in violation of 5 different provisions of the contract *** Sections II, B; XV; XX,V; … Where, as here, the arbitration provisions broadly embrace all claimed violations of the agreement, any ambiguity is a matter for the arbitrator to resolve (see Board of Educ. v New York State United Teachers, 51 NY2d 994