Case law

Meachem v. New York State Human Rights Appeal Board

87 A.D.2d 813 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1982

Proceeding pursuant to section 298 of the Executive Law to review an order of the New York State Human Rights Appeal Board, dated October 4, 1979, which affirmed a determination of the New York State Division of Human Rights … We cannot conclude, on this record, that the determination of the State Division, which was affirmed by the appeal board, of no probable cause was arbitrary and capricious on the ground that the underlying investigation of

Jackson v. Kirkpatrick

125 A.D.2d 471 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1986

Servs. v Zoning Bd. of Appeals, supra). Even though the Board correctly found that the petitioners’ financial hardship was self-imposed, this fact does not prevent the Board from granting the area variance. … The Board shall formulate these reasonable conditions after a hearing for that purpose, upon notice to all parties affected. Mollen, P. J., Bracken, Brown and Spatt, JJ., concur.

Bennett v. Board of Trustees of Police Pension Fund

20 A.D.2d 522 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1963

, rested on respondent alone (Matter of Hickie v. … It follows that mere acceptance of the bald find *523 ing of the medical board would not be sufficient (Matter of Newbrand v. City of Yonkers, 285 N. Y. 164 ).

Lauricella v. Board of Education of City of Buffalo

52 A.D.2d 710 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1976

Appellant correctly urges that the board of education is not the insurer of the safety of its students (Lawes v Board of Educ. of City of New York, 16 NY2d 302 ; Ohman v Board of Educ. of City of New York, 300 NY 306 ; Passafaro … v Board of Educ. of City of New York, 43 AD2d 918 ; Swiatkowski v Board of Educ. of City of Buffalo, 36 AD2d 685 ).

Tuxedo Conservation and Taxpayers Ass'n v. Town Board

213 A.D.2d 655 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1995

Board of Educ., 49 AD2d 942 ). … New York State Thruway Auth., 81 NY2d 721 ; Parker v Mack, 61 NY2d 114 ; Markoff v South Nassau Community Hosp., 61 NY2d 283 ).

McGill v. Board of Supervisors of Niagara County

28 A.D.2d 637 · Appellate Division of the Supreme Court of the State of New York · May 11, 1967

Memorandum: The judgment appealed from declared that the present Niagara County legislative apportionment and section 150 of the County Law are unconstitutional as applied to Niagara County and ordered that the present Board … Under the judgment neither the Board of Supervisors nor the City of Niagara Falls has any power or authority to redistrict the county or the city.

Goldberg v. Board of Examiners of the Board of Education

28 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · May 1, 1967

H & J Floor Covering, Inc. v. Board of Education

66 A.D.2d 588 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1979

Board of Educ., 194 Misc 128 , affd 275 App Div 915 ), and that even then, only in those two cities, could the claim be asserted in a most informal manner, not even including a writing (see Monks v Manch, 33 AD2d 989 ). … In Monks v Manch ( 33 AD2d 989 ), an action against the Board of Education of the City of Buffalo, the court said: "While this section [2562 of the Education Law] requires a demand and 30-day waiting period, it is silent

People for Westpride, Inc. v. Board of Estimate

165 A.D.2d 555 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1991

(Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400, 416-417 , quoting from Aldrich v Pattison, 107 AD2d 258, 265 ; Coalition for Responsible Planning v Koch, 148 AD2d 230, 233 .) … (See, Matter of Coca-Cola Bottling Co. v Board of Estimate, 72 NY2d 674, 680 .)

MATTER OF ADDABBO v. Donovan

43 Misc. 2d 621 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1964

In commenting on the two Brown crises decided by the Supreme Court of the United States (Brown v. Board of Educ., 347 U. S. 483 , 349 U. S. 294 ), the Appellate Division of the Second Department (Matter of Balaban v. … It pointed out at page 199: “ There can be no doubt (since Brown v. Board of Educ., 347 U. S. 483 ) that de jure segregation is unconstitutional.

BROWN, LINDA M. v. STATE OF NEW YORK

Appellate Division of the Supreme Court of the State of New York · Nov 10, 2016

BROWN, AS ADMINISTRATRIX OF THE ESTATE OF WAYNE BROWN, DECEASED, CLAIMANT-RESPONDENT, V ORDER STATE OF NEW YORK, DEFENDANT-APPELLANT. … BROWN, CLAIMANT-RESPONDENT, V STATE OF NEW YORK, DEFENDANT-APPELLANT. (CLAIM NO. 110037.) (APPEAL NO. 1.) ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D.

Parla v. Jamestown Board of Public Utilities

17 A.D.3d 1151 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2005

Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]; Matter of Hodosy v Board of Trustees of Roswell P. Flower Mem. Lib., 5 AD3d 982 [2004], lv denied 2 NY3d 708 [2004]; Matter of D’Aurizio v Greece Cent.

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.

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 ).

Gaudioso v. Board of Trustees of Fire Department

40 A.D.3d 638 · Appellate Division of the Supreme Court of the State of New York · May 1, 2007

(see Matter of Canfora v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. … II, 60 NY2d 347 [1983]; Matter of Farley v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 13 AD3d 531 [2004]; Matter of Guidal v Board of Trustees of N.Y.

Aptaker v. Administrative Review Board for Professional Medical Conduct

60 A.D.3d 1160 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2009

After a series of hearings before a Hearing Committee of the State Board for Professional Medical Conduct, the Committee issued a determination and order in August 2006. … DeBuono, 235 AD2d 644, 645 [1997]; Matter of Glassman v Commissioner of Dept. of Health of State of N.Y., 208 AD2d 1060, 1061-1062 [1994], lv denied 85 NY2d 801 [1995]; Matter of Sung Ho Kim v Board of Regents of Univ. of

Muscatello v. New York State Crime Victims Board

289 A.D.2d 789 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2001

The claim was denied by respondent Crime Victims Board (hereinafter the Board) and petitioner commenced this CPLR article 78 proceeding to review the Board’s determination. … Such a conclusion is consistent with the strict construction accorded Executive Law article 22 as a limited departure from the common law (see, Matter of Gryziec v Zweibel, 74 AD2d 9, 14).

Thompson v. New York State Board of Elections

54 A.D.2d 531 · Appellate Division of the Supreme Court of the State of New York · Aug 30, 1976

The present proceeding was not properly instituted within the 14-day period required by subdivision 1 of section 330 of the Election Law (see Matter of Radda v Acito, 54 AD2d 531 ).

Board of Mgrs. of Washington Ct. Condominium v. Carl

2026 NY Slip Op 03918 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 2026

Board of Managers of Washington Court Condominium, Respondent, v Bernard J. Carl et al., Appellants, U.S. Bank National Association etc., et al., Defendants. … TR U/S 6/01/98 [Home Equity Loan Trust 1998-2] v Alvarez , 49 AD3d 711, 711 [2d Dept 2008]; see Board of Mgrs. of W. Amherst Off.

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