Case law

Board of Education v. Grand Island Teachers' Ass'n

38 A.D.2d 669 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1971

Conte v. Town of Norfolk Zoning Board of Appeals

261 A.D.2d 734 · Appellate Division of the Supreme Court of the State of New York · May 13, 1999

NY2d 441 ; Matter of Governale v Board of Appeals, supra, at 540). … Brown, 19 NY2d 283, 290-291 ; see also, Matter of Vito v Jorling, 197 AD2d 822, 825 ).

Young v. Madison-Oneida Board of Cooperative Educational Services

156 A.D.3d 1352 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2017

Memorandum: Plaintiff was formerly employed by defendant Madison-Oneida Board of Cooperative Educational Services (BOCES) as Assistant Director of Alternative Education, a probationary, nontenured administrative position. … defendants violated BOCES intake procedures by enrolling students before receiving their IEPs or BIPs, we conclude that those internal procedures do not qualify as a law, rule or regulation under the statute (see Cohen v

Town Board of Town of Ellicott v. Lee

241 A.D.2d 958 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 1997

“Issue finding rather than issue determination is the function of the court on a motion for summary judgment” (Powell v Tarantino Foods, 234 AD2d 989, 990 ). … Further, in determining that defendants failed to establish the existence of a nonconforming use, the court improperly resolved credibility issues (see, Capelin Assocs. v Globe Mfg.

Bullock v. Zoning Board of Village of Nyack

168 A.D.2d 730 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1990

Servs. v Zoning Bd. of Appeals, supra, at 139-140). Here, Supreme Court could not substitute its factual determination for that of respondent (see, Shell Cr. Sailing Club v Board of Zoning Appeals, 20 NY2d 841, 842 ). … Sailing Club v Board of Zoning Appeals, supra, at 842). Supreme Court thus improperly annulled respondent’s denial of the zoning variance.

New York Board of Fire Underwriters v. Whipple & Co.

2 A.D. 361 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1896

Carter v. Rice, 135 N. Y. 473 .) … (People v. Budd, 117 N. Y. 1 , and cases cited; People v. King, 110 id. 418.)

Ficken v. Vocational Education & Extension Board of Suffolk

201 A.D.2d 481 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1994

The petitioner was employed as a secretary by the appellant Vocational Education and Extension Board of the County of Suffolk (hereinafter VEEB), before being discharged in January 1990 for misconduct. … Conway, 270 App Div 1066 ; Matter of Kornbluth v Reavy, 261 App Div 60 ; Matter of Sippel v Dowd, 191 Misc 558 , affd 274 App Div 1027 ).

People v. Brightman

2024 NY Slip Op 04654 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2024

The Board assessed 25 points on the RAI, which rendered defendant a presumptive level one risk, and the Board did not recommend an upward departure from that risk level. … Knox , 12 NY3d 60, 65 [2009], cert denied 558 US 1011 [2009]; see People v Brown , 41 NY3d 279 , 289 [2023]).

West Beekmantown Neighborhood Ass'n v. Zoning Board of Appeals

53 A.D.3d 954 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2008

Co. v Rosenberg, 82 NY2d 364, 371 [1993]). … Board of Zoning Appeals of Town of Hempstead, 43 NY2d 801, 802 [1977]; Matter of Connors v Sullivan, 171 AD2d 982, 982 [1991]), the ZBA’s issuance of a conditional use permit to Windhorse was neither arbitrary and capricious

Byron Associates, Inc. v. Zoning Board of Appeals

142 A.D.2d 643 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1988

— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Mamaroneck (hereinafter the Zoning Board), dated May 28, 1986, which denied the petitioner’s application … Although a finding that the alleged difficulty was self-created does not in and of itself compel denial of an application for an area variance (Matter of De Sena v Board of Zoning Appeals, 45 NY2d 105, 108 , see, Human Dev

South Slope Holding Corp. v. Board of Assessment Review

244 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1997

Tax assessments are presumptively valid (see, Matter of Ni *892 agara Mohawk Power Corp. v Assessor of Town of Geddes, 239 AD2d 911 ; Matter of Welch Foods v Town of Portland, 187 AD2d 948 ), and petitioners bore the burden … of establishing by substantial evidence that their property was overvalued (see, Matter of Niagara Mohawk Power Corp. v Assessor of Town of Geddes, supra).

Golub v. Board of Managers

73 A.D.3d 570 · Appellate Division of the Supreme Court of the State of New York · May 18, 2010

Luxor Motor Sales Corp., 9 Misc 2d 307, 308 [App Term, 1st Dept 1957]; Nacional Financiera, S.N.C. v Americom Airlease, Inc., 803 F Supp 886, 893 [SD NY 1992]). … The court also correctly ruled that the judgment award fully resolved by Civil Court and Appellate Term could not be relitigated (see Merrill Lynch, Pierce, Fenner & Smith v Benjamin, 1 AD3d 39, 43-45 [2003]).

Jewish Board of Guardians v. Grumman Allied Industries Inc.

96 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1983

— Judgment, Supreme Court, New York County (Maresca, J.), entered April 20,1982 in favor of plaintiff Jewish Board of Guardians against defendants Grumman and Biuso for $206,898.47, plus interest and costs, making a total … Plaintiff Jewish Board of Guardians (hereinafter Owner) desired to construct a school building at Hawthorne, New York.

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

11 A.D.2d 1032 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1960

Segalla v. Planning Board of Town of Amenia

204 A.D.2d 332 · Appellate Division of the Supreme Court of the State of New York · May 2, 1994

Because the alleged bias involved only personal opinion rather than any financial interest in the adoption of the Master Plan, there is no basis for setting aside the Planning Board’s action (see, Webster Assocs. v Town of … Hempstead v Village of N.

Macula v. Board of Education

75 A.D.3d 1118 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 2010

Board of Educ., Geneseo Cent. … Assn. v Perry Local Educators’ Assn., 460 US 37, 49 [1983]; Peck ex rel. Peck v Baldwinsville Cent. School Dist., 426 F3d 617 , 633 [2005], cert denied 547 US 1097 [2006]).

North v. Board of Examiners of Sex Offenders

34 A.D.3d 161 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2006

Matter of Millan, 189 Misc 2d 419, 427-428 [2001], revd on other grounds 295 AD2d 267 [2002]; see generally People v Gonzalez, 61 NY2d 586, 589 [1984]; People v Olah, 300 NY 96, 98-99 [1949]).

Forcucci v. Board of Educ. of Hamburg Cent. Sch. Dist.

151 A.D.3d 1660 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2017

Memorandum: Plaintiff, a former member of defendant, Board of Education of Hamburg Central School District (Board), commenced this action after the Board sought plaintiff’s removal from the Board pursuant to Education Law … By failing to include that defense in its verified answer or in a pre-answer motion to dismiss, the Board waived it (see Matter of Fossella v Dinkins, 66 NY2d 162, 167-168 [1985]; Matter of Santoro v Schreiber, 263 AD2d 953

People ex rel. Brown v. Warden, Green Haven Correctional Facility

50 A.D.2d 913 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1975

Dukes v. New York State Board of Parole

189 A.D.2d 681 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1993

Determination of respondent Board of Parole, dated November 28, 1989, that petitioner violated three conditions of his parole, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article … We note that the " 'legal residuum rule’ ” urged by petitioner is no longer followed (Matter of Eagle v Paterson, 57 NY2d 831, 833 ). Concur—Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.