Case law

Sixteen Eighty West 7th Corp. v. Board of Estimate

109 A.D.2d 799 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1985

Servs., 94 AD2d 283 ; Benigno v City of New York, 123 Misc 2d 375 ). … Such decisions, absent evidence of illegality, rest within the sound judgment of the Board (Matter of Dwyer v Lindsay, 23 NY2d 562 ; Benigno v City of New York, supra). O’Connor, J.

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.

City of New York v. Board of Collective Bargaining

107 A.D.3d 612 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2013

Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered November 4, 2010, which denied the petition brought pursuant to CPLR article 78 seeking to annul the decision of respondent Board … Auth. v New York State Pub. Empl.

Sando Parisi & Sons, Inc. v. Board of Education

32 A.D.2d 909 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1969

behalf of the Board of Education. … (Hollerbach v. United States, 233 U. S. 165, 171 .)

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

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 ).

Delaney v. Zoning Board of Appeals of Cornwall

298 A.D.2d 584 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2002

On November 20, 2000, the Zoning Board of Appeals of the *585 Town of Cornwall (hereinafter the Zoning Board) granted Paul Krafft, the owner of the Mountainville Manor, a banquet facility, permission to expand his preexisting … Accordingly, the petition to annul the Zoning Board’s determination should have been granted (cf. Matter of P.M.S. Assets v Zoning Bd. of Appeals of Vil. of Pleasantville, 98 NY2d 683, 685 ).

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

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).

Queensborough Community College v. State Human Rights Appeal Board

49 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 1975

Marenco had a remedy at that point (see Cameron Estates, v Deering, 308 NY 24 ; Ryan Ready Mixed Concrete Corp. v Coons, 25 AD2d 530 ; see, also, Castro-Resposo v Board of Higher Educ. of City of N. Y. … Sanchez v Trans World Airlines, 499 F2d 1107; Guerra v Manchester Term. Corp., 498 F2d 641).

Murtha v. Board of Education

272 A.D.2d 230 · Appellate Division of the Supreme Court of the State of New York · May 23, 2000

M’Badiwe’s legal interests in the present context comports with the spirit of the Buckley Amendment (20 USC § 1232g [b] [2]; see, Sauerhof v City of New York, 108 Misc 2d 805, 806 ) and with the Regulations of the Schools … was properly denied at this juncture since they failed to dem *231 onstrate a substantial likelihood that the grant of their motion would lead to the disclosure of evidence material and necessary to their case (Zollner v

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]).

Anderson v. New York State Workers' Compensation Board

304 A.D.2d 1031 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 2003

Molinaro, the Board’s general counsel. During that conversation, the Chair directed Molinaro to immediately terminate petitioner’s employment. Molinaro complied. … The Board’s Chair is the officer empowered to appoint and remove Board employees (see Workers’ Compensation Law § 149).

Lord v. State of New York Executive Department Board

263 A.D.2d 945 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1999

We conclude that each of the four *946 charges is supported by substantial evidence (see, Matter of Westcott v New York State Bd. of Parole, 256 AD2d 1179 ). … Petitioner has also failed to submit any evidence to support his allegation that the Board of Parole did not meet and review his case pursuant to 9 NYCRR 8005.21.

Weiss v. New York State Human Rights Appeal Board

102 A.D.2d 471 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1984

(City of Schenectady v State Div. of Human Rights, 37 NY2d 421 ; State Div. of Human Rights v New York State Dept. of Correctional Servs., 91 AD2d 832 .) … of Imperial Diner v State Human Rights Appeal Bd., supra).

Birch Tree Partners, LLC v. Zoning Board of Appeals

90 A.D.3d 749 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2011

In a determination dated June 8, 2010, and stamped “received” June 9, 2010, the Zoning Board of Appeals of the Town of East Hampton (hereinafter the ZBA) granted the application of Vinayak Singh for an area variance. … Dworman, 78 AD3d 979 [2010]; Sottile v Islandia Home for Adults, 278 AD2d 482 [2000]).

People ex rel. Christie v. Board of Education

56 A.D. 368 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1900

From this decision the appellant appealed to the board of education, and petitioned that board to grant her a proper trial and hearing in accordance with the rules and regulations of the board. … When this license was granted the. provisions of the Consolidation Act (Laws of 1882, chap. 410) were in force, and the appellant now contends that under the case of Steinson v. Board of Education ( 49 App.

Matter of Baldwin Commons, LLC v. Board of Assessors

128 A.D.3d 1062 · Appellate Division of the Supreme Court of the State of New York · May 27, 2015

Estates, LLC v Feiner, 112 AD3d 945 [2013]; Matter of Rizvi v New York Coll. of Osteopathic Medicine of N.Y. Inst. of Tech., 98 AD3d 1049, 1051 [2012]; Matter of Shellfish, Inc. v New York State Dept. of Envtl. … Agency, 111 AD3d 930 [2013]; Matter of Rozz v Nassau County Dept. of Assessment, 96 AD3d 952 [2012]; Matter of Marton v Town Bd. of Town of Tuscarora, 115 Misc 2d 174 [Sup Ct, Steuben County 1982]).

Baker v. Town of Islip Zoning Board of Appeals

20 A.D.3d 522 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2005

Corp. v City of Rye, 66 NY2d 111, 115 [1985]; Matter of Allen v Adami, 39 NY2d 275, 277 [1976]; Matter of Geisinsky v Village of Kings Point, 226 AD2d 340 [1996]). … of Chrysler Realty Corp. v Orneck, supra).

Ortiz v. Santiago

303 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 2003

Bank & Trust Co. v Serota, supra; cf. Vita v Heller, 97 AD2d 464, 465 [1983]). … AD2d 216 [1995]; Crespo v A.D.A.