Case law

Cascade Associates, LLC v. Zoning Board of Appeals

8 A.D.3d 1121 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2004

The judgment dismissed the petition seeking to annul the determination of respondent Zoning Board of Appeals of City of Rochester, filed August 21, 2002.

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]).

Greco v. Board of Examiners of Nursing Home Administrators

91 A.D.2d 1108 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1983

The record clearly demonstrates that petitioner was fully protected by “meaningful representation” throughout the entire proceeding by counsel of his own choosing (People v Baldi, 54 NY2d 137; People v Aiken, 45 NY2d 394 … Board of Educ., 34 NY2d 222 ; Matter of Loren v Board of Examiners of Nursing Home Administrators, Dept. of Health, State of N.

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 ).

Board of Education v. Yonkers Federation of Teachers

49 A.D.2d 753 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 1975

of education but that the boards are limited in the amount they can spend on education by the amounts appropriated by the city legislative bodies (see Matter of Divisich v Marshall, 281 NY 170 ; Matter of Fuhrmann v Graves … , 235 NY 77 ; Matter of Emerson v Buck, 230 NY 380 ; Board of Educ. of City of Syracuse v King, 280 App Div 458 , mot for lv to app den 280 App Div 1033 , mot for lv to app dsmd 304 NY 973 ).

Conley v. Town of Brookhaven Zoning Board of Appeals

49 A.D.2d 567 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1975

7 NY2d 845 ; Matter of Chasanoff v Silberstein, 6 AD2d 872 , affd 6 NY2d 807 ; Matter of Johnson v Moore, 13 AD2d 984 ). … Corp. v Zaino, 27 NY2d 258 ).

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

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.)

Contreras v. New York City Board of Education

181 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1992

Stengel v. Town of Woodstock Zoning Board of Appeals

155 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1989

A zoning board determination must be sustained if it has a rational basis and is supported by substantial evidence (see, Matter of Fuhst v Foley, 45 NY2d 441, 444 ; Matter of Cowan v Kern, 41 NY2d 591 , 599). … Consideration also must be given as to whether strict application of the ordinance will serve a valid public purpose which outweighs the injury to the property affected (Matter of De Sena v Board of Zoning Appeals, 45 NY2d

Schulz v. New York State Board of Elections

214 A.D.2d 224 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 1995

wanted the amendments in the concurrent resolution to be submitted to the voters as five separate amendments or propositions, as opposed to "one package”, it could have clearly directed such a presentation (see, e.g., Frank v … Legislature’s intent in section 6 of the concurrent resolution, and to the extent the use of the word "amendments” is ambiguous, basic rules of statutory interpretation, which are applicable in this context (see, Frank v

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

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.

Claim of MacDonald v. Penske Logistics

34 A.D.3d 967 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2006

“This evidence was sufficient to rebut the presumption and required claimant to demonstrate that decedent’s death was causally related to his job” (Matter of Brown v Clifton Recycling, 1 AD3d 735 , 736 [2003] [citations omitted … to disturb its determination (see Matter of Dean v Bill Rapp Pontiac, Inc., 30 AD3d 806, 807 [2006]; Matter of Brown v Clifton Recycling, supra at 736).

McGrath v. Town of Amherst Zoning Board of Appeals

94 A.D.3d 1522 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2012

to the zoning board is not required” (Matter of Emmerling v Town of Richmond Zoning Bd. of Appeals, 67 AD3d 1467, 1467-1468 [2009]). … In such cases, the determination of a zoning board can be overturned where the zoning board’s interpretation “is contrary to the clear wording” of the applicable zoning ordinance (id. at 1468 [internal quotation marks omitted

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.

Daily Gazette Co. v. North Colonie Board of Education

67 A.D.2d 803 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1979

Public business can only be transacted by the full board and it is undisputed that meetings of the board for this purpose must be open to the public. … Matter of Binghamton Press Co. v Board of Educ., 67 AD2d 797 ; Matter of Oneonta Star Div. of Ottaway Newspapers v Board of Trustees of Oneonta School Dist., 66 AD2d 51 ).

P.M.S. Assets, Ltd. v. Zoning Board of Appeals

287 A.D.2d 459 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 2001

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Pleasantville, dated November 30, 1998, which found that the prior nonconforming use of the … Children, 308 NY 126, 132-133 ; People v Perkins, 282 NY 329, 330 ; Walter v Harris, 163 AD2d 619, 621 ; Allen v Hattrick, 87 AD2d 575).

Kinderhook Development, LLC v. City of Gloversville Planning Board

88 A.D.3d 1207 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2011

Yevoli, 90 NY2d 1000 , *1209 1002 [1997], quoting Matter of North Shore Steak House v Board of Appeals of Inc. … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 195 [2002]; see Matter of Sunrise Plaza Assoc. v Town Bd. of Town of Babylon, 250 AD2d 690, 693 [1998], lv denied 92 NY2d 810 [1998]).