Case law

O'Leary v. Brown Seal Realty Corp.

33 A.D.2d 764 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1969

(Russo v. City of New York, 258 N. Y. 344 ; Gundershein v. Bradley-Mahony Coal Corp., 295 N. Y. 539 .) Concur — Capozzoli, Tilzer and Nunez, JJ.; Eager, J. … He could settle, continue, prosecute, change attorneys, or take any other step that is open to a plaintiff, and the erstwhile guardian could not interfere (Ream v. Ream, 281 N. Y. 395 ; McCarthy v.

Point Lookout Civic Ass'n v. Zoning Board of Appeals

94 A.D.2d 744 · Appellate Division of the Supreme Court of the State of New York · May 16, 1983

8 NY2d 1039 ; Phillips v Village of Oriskany, 57 AD2d 110 ; Fulford v Board of Zoning Adj. of City of Dothan, 256 Ala 336; Salerni v Scheuy, 140 Conn 566; Jasper v Michael A. … P., Bracken, Brown and Boyers, JJ., concur.

Clifton-Fine Central School Board of Education v. Wisner

59 A.D.2d 50 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 1977

to agree to arbitrate certain matters (see Board of Educ. v Areman, 41 NY2d 527 ; Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774, 778 ; Matter of Susquehanna Val. … The power of a board of education to grant or deny tenure without explanation to the teacher is not subject to arbitration (Matter of Morris Cent. School Dist. Bd. of Educ. v Morris Educ.

Lombardo v. Board of Higher Education of New York

18 A.D.2d 444 · Appellate Division of the Supreme Court of the State of New York · May 14, 1963

Y. 566, 576, 578 ; Matter of Nestler v. Board of Examiners, 192 Misc. 663, 665 ). … Allen, 6 N Y 2d 127, 136; Matter of Levitch v. Board of Educ. of City of N. Y., 243 N. Y. 373 ).

Claim of Brown v. B&W Electrical Contractors Inc.

105 A.D.3d 1225 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 2013

v Arrow Elec., Inc., 69 AD3d 983, 984 [2010]; see Workers’ Compensation Law § 114-a [1]; Matter of Siddon v Advance Energy Tech., 98 AD3d 1202 , 1202 [2012]). … (see Matter of Losurdo v *1226 Asbestos Free, 1 NY3d 258, 265-266 [2003]; Matter of Robbins v Mesivtha Tifereth Jerusalem, 60 AD3d 1166, 1167-1168 [2009]; Matter of Dieter v Trigen-Cinergy Solutions of Rochester, 14 AD3d

Cheslowitz v. Board of Trustees of the Knox Sch.

156 A.D.3d 753 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2017

The order, insofar as appealed from, (1) granted the motion of the defendants Board of Trustees of the Knox School, Knox School, Frank Cas-sano, Stuart Guthrie, Thad Gaebelein, Elektra Gaebelein, Sonia Rodriguez, Janice Zingale … , 732 [2010]; see also Wander v St.

Surat v. New York State Board of Parole

77 A.D.2d 963 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1980

(Matter of Russo v New York State Bd. of Parole, 50 NY2d 69 .) Motion for reargument dismissed as academic. Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.

Moscatiello v. New York State Human Rights Appeal Board

65 A.D.2d 904 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 1978

Proceeding instituted in this court, pursuant to section 298 of the Executive Law, to review a determination of the State Human Rights Appeal Board, dated April 17, 1978, which affirmed an order of the State Division of Human … The State Human Rights Appeal Board affirmed the division’s dismissal of her complaint due to lack of probable cause.

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]).

Conway v. Town of Irondequoit Zoning Board of Appeals

38 A.D.3d 1279 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2007

In considering the application, respondent Town of Irondequoit Zoning Board of Appeals (ZBA) was required to weigh the bene *1280 fit to the applicants of granting the variances against any detriment to the health, safety … A reviewing court may not substitute its judgment for that of the ZBA, even if there is substantial evidence supporting a contrary determination (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608,

Hill v. New York State Board of Elections

120 A.D.2d 55 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1986

; Matter of Bennett v City School Dist., 114 AD2d 58 ; Gertler v Goodgold, 107 AD2d 481 , affd 66 NY2d 946 ). … J., Brown, Niehoff and Kooper, JJ., concur.

Taub v. New York Board of Fire Underwriters

238 A.D. 587 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 1933

But, in order to do this, he went to another department and, contrary to an existing rule known to him, he attempted to saw a board with a ripsaw. In Erdberg v. United Textile Print Works ( 216 App. … (Yodakis v. Smith & Sons Carpet Co., 193 App. Div. 150 ; Ebberman v. Walther & Co., 209 id. 248 .)

Kessler v. State Board for Professional Medical Conduct

7 A.D.3d 842 · Appellate Division of the Supreme Court of the State of New York · May 6, 2004

To sustain such a charge, it must be shown that a physician “ ‘violates] the trust the public bestows on the medical profession and/or violat[es] the medical profession’s moral standards’ ” (Matter of Prado v Novello, 301

Sperry Rand Corp. v. State Human Rights Appeal Board

46 A.D.2d 678 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1974

Co. v. Wethers, 36 A D 2d 541, 542, affd. 30 N Y 2d 791). … The burden of establishing discrimination is upon the complainant and he must establish that he was rejected solely “ because of his race and color ” (Matter of Antarenni Ind. v.

Mt. Zion Baptist Church of Port Chester, Inc. v. Brown

12 A.D.2d 623 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1960

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.

Sanchez v. Board of Examiners of Nursing Home Administrators

93 A.D.2d 916 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1983

Auth., 44 NY2d 57 ; Matter of Bracken v Axelrod, 93 AD2d 913 ; Matter of Greco v Board of Examiners of Nursing Home Administrators, 91 AD2d 1108 ), it cannot be said that by directing a suspension the board acted imprudently … Once the subject’s misconduct has been established, prior offenses and administrative actions may be looked to in fixing the penalty (Matter of Pell v Board of Educ., 34 NY2d 222 , 240; Matter of Bracken v Axelrod, supra)

Freddolino v. Village of Warwick Zoning Board of Appeals

192 A.D.2d 839 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1993

It is to be noted that even if petitioner’s 1990 variance request is labeled as one for rehearing of the original application and even assuming, arguendo, that a village zoning board, like a town zoning board, has authority … to entertain an application for rehearing when new facts are presented chang *842 ing aspects of the case (compare, Village Law § 7-712, with Town Law § 267 [6]; see, Young Israel v Board of Stds. & Appeals, 39 AD2d 51,

Residential Board of Managers of Columbia Condominium v. Alden

178 A.D.2d 121 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1991

Co. v Schroder Bank & Trust Co., 91 AD2d 963 ). … Corp., 75 NY2d 530, 540 ; Board of Managers of Ocean Terrace Towne House Condominium v Lent, 148 AD2d 408 , lv denied 75 NY2d 702 , and others), defendant either had not sought or had been expressly denied approval for an

Williams v. Board of Trustees of District No. 1

204 A.D. 566 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1923

(Shrimpton v. Hertfordshire County Council, 104 L. T. [N. S.] 145; 2 Neg. & Comp. Cas. Ann. 238; Miller v. International Harvester Co., 193 App. Div. 258 .) … (Herman v. Board of Education, 234 N. Y. 196 .) Nor can it avoid such liability by delegating the performance of its duty to a contractor. (Deming v. Terminal Railway of Buffalo, 169 N. Y. 1 ; Hyman v.