Case law

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).

Gorman v. Town Board of Town of East Hampton

273 A.D.2d 235 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2000

, 146 AD2d 842 ; Town of Oyster Bay v New York Tel. … Ventures Corp. v Foster, 71 NY2d 359 ; cf., Vitiello v City of Yonkers, 255 AD2d 506 ).

Jones v. Planning Board of Town of Marlborough

203 A.D.2d 626 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1994

Consequently, even if the conversion from seasonal to permanent occupancy does represent a change of use (see, Matter of Castore v Breite, supra, at 801; but see, Matter of Allen v Hattriek, supra, at 575), the only limitations … see, Matter of Viscio v Town of Guilderland Planning Bd., 138 AD2d 795, 798 ).

Board of Managers v. Hudson View Towers Associates

182 A.D.2d 404 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1992

was authorized to compel removal of this encroachment (Board of Managers v Fenninger, 142 AD2d 622 ), and that even if the Board had initially waived its right to enforce the Condominium Documents, such was effectively withdrawn … by the subsequent notice to remove the produce stands (see, Compton Adv. v Madison-59th St.

N. R. S. Construction Corp. v. Board of Education

82 A.D.2d 876 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1981

thereunder (Sosnow v Paul, 36 NY2d 780 ). … This record presents a vigorously disputed question of fact as to whether the board’s claim against the architect was interposed within six years of the date of completion of the project, the board contending that although

Partition Street Corp. v. Zoning Board of Appeals

302 A.D.2d 65 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2002

It is well settled that a determination rendered by a zoning board of appeals will be upheld if it is found to have a rational basis and is supported by substantial evidence in the record (see Matter of Khan v Zoning Bd. … Waste Servs. v Board of Appeals of Town of Porter, 52 NY2d 963, 965-968 [Gabrielli, J., dissenting]).

Ventures v. Town Board of Town of Amsterdam

243 A.D.2d 944 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1997

Respondent Town Board of Town of Amsterdam (hereinafter the Town Board), as lead agency for the proper implementation of SEQRA, thus stated in its findings statement of September 15, 1993 as follows: “Since the entrance to … Town of Coeymans, 238 AD2d 788, 789 , quoting Matter of Save the Pine Bush v City of Albany, 70 NY2d 193, 202 ).

Sung Ho Kim v. Board of Regents of University

172 A.D.2d 880 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1991

This court is bound by those findings inasmuch as issues of witness credibility have been held to be exclusively for respondent Board of Regents (Matter of Paul v Sobol, 159 AD2d 839 ; Matter of Reisner v Board of Regents … Finally, petitioner urges as a basis for annulment that the punishment imposed is so disproportionate to the offenses as to be shocking to this court’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222

Bindra v. Board of Assessors

81 A.D.3d 725 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2011

Group v Board of Assessors, 72 AD3d 1090 [2010]).

Silverstein v. Appeals Board of Parking Violations Bureau

100 A.D.2d 778 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1984

We agree with Special Term that the issues raised by the petition have been rendered moot and, accordingly, affirm the judgment. 11 We take this occasion, however, to note that in Matter of Gruen v Parking Violations Bur.

People ex rel. Spaulding v. Board of Supervisors

66 A.D. 117 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1901

.: The ground for the rejection of the claims by the board of supervisors, that the claimant was not licensed by the State Board of Charities, is untenable. … Nor did the duties of Maybee, under his contract, require-a license from the State Board of Charities.

Lachanski v. Schenectady County Board of Elections

10 A.D.3d 467 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2004

against the named candidates as well as the substituted candidates (hereinafter collectively referred to as respondents) seeking an order declaring the designating petitions invalid and enjoining respondent Schenectady County Board … We agree with all the parties, and Supreme Court, that the controlling authority under these circumstances is Matter of Lutfy v Gangemi ( 35 NY2d 179 [1974]).

Seaford Jewish Center, Inc. v. Board of Zoning Appeals

48 A.D.2d 686 · Appellate Division of the Supreme Court of the State of New York · May 19, 1975

Brown, 22 NY2d 488 ). … Bearing in mind that "facilities for religious or educational uses are, by their very nature, 'clearly in furtherance of the public morals and general welfare’ ” (Matter of Westchester Reform Temple v Brown, supra, p 493)

Reilly v. Board of Regents of the University

250 A.D.2d 884 · Appellate Division of the Supreme Court of the State of New York · May 7, 1998

settled that in a proceeding such as this, our inquiry is limited to whether the determination of petitioner’s guilt by a preponderance of the evidence is fully supported by substantial evidence in the record” (Matter of Howe v … Board of Regents, 210 AD2d 541, 542 ).

NW Liquidating Corp. v. Industrial Board of Appeals

213 A.D.2d 549 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1995

—In a proceeding pursuant to CPLR article 78 to review a determination of the Industrial Board of Appeals, dated December 2, 1992, which, after a hearing, modified an Order to Comply of the New York State Commissioner of … York, 147 AD2d 985 ; Hodge v State of New York, 158 Misc 2d 438 ; see also, Matter of Figaro v New York State & Local Retirement Sys., 203 AD2d 678 ).

Rockville Centre Teachers Ass'n v. Board of Education

48 A.D.2d 698 · Appellate Division of the Supreme Court of the State of New York · May 27, 1975

Matter of Baron v Mackreth, 30 AD2d 810 , affd 26 NY2d 1039 ). The award is not violative of any statute. … It does not contravene the right of the board to abolish- positions—so long as the functions of the positions are not continued (see Education Law, § 1709).

AMBROSE, DENISE v. BROWN, JR., M.D., JAMES E.

Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

BROWN, JR., M.D., ET AL., DEFENDANTS, SUCHITRA KAVETY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ASSOCIATES FOR WOMEN’S MEDICINE, JANE FIELDS, C.N.M., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE … Board of Educ. of City of N.Y., 60 NY2d 539, 545-546; Reynolds v Krebs, 81 AD3d 1269, 1271; Fleiss v South Buffalo Ry.

McNamara v. Board of Assessors of Town of Smithtown

272 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · May 30, 2000

property, granted applications to reduce tax assessments on two other parcels of property only to a limited extent, and dismissed an application to reduce tax assessments on another parcel of property, respectively, the Board … Board of Assessors, 194 AD2d 542 ).

Brown v. L. F. Hamlin, Inc.

34 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · May 12, 1970

Spaulding v. Christakos, 269 App. Div. 909 , affd. 295 N. Y. 973 ; Miller v. Gimble Bros., 262 N. Y. 107 ; Antenen V. New York Tel. Co., 271 N. Y. 558 ; Kelly v State of New York, 29 A D 2d 904; Boccaccino v.

Matter of Mystkowski v. Monpat Constr. Inc.

2025 NY Slip Op 01843 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2025

( see Matter of Brown v Plans Plus Ltd. , 231 AD3d 1250 , 1251-1252 [3d Dept 2024]; Matter of Davis v Hutchings Children Servs. , 213 AD3d 1111, 1113 [3d Dept 2023], lv denied 40 NY3d 902 [2023]). … As such, we will not disturb the Board's determination ( see Matter of Brown v Plans Plus Ltd. , 231 AD3d at 1252; Matter of Davis v Hutchings Children Servs. , 213 AD3d at 1114 ; Matter of Phillips v Milbrook Distrib.