Case law

Olsen v. Town Board of Town of Saugerties

161 A.D.2d 1077 · Appellate Division of the Supreme Court of the State of New York · May 31, 1990

Prior violations of law have often been viewed as relevant on the issue of a license applicant’s fitness (supra; see, Matter of Berger v Leach, 103 AD2d 1018 ; Matter of Davis v Broderick, 25 AD2d 851 ). *1079 Petitioner … Corp. v Anderson, 98 AD2d 367, 369 , affd 62 NY2d 965 ).

Corporate Woods 11, LP v. Board of Assessment Review

83 A.D.3d 1250 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 2011

Bank v Cornelius, 80 AD3d at 248 , quoting Evergreen Bank v Dashnaw, 246 AD2d 814, 816 [1998]). … Trust v Board of Assessors of Town of Clarkstown, 17 AD3d 471 [2005]; Matter of Mallinckrodt Med. v Assessor of Town of Argyle, 292 AD2d 721, 722 [2002]).

Princess Building Corp. v. Zoning Board of Appeals

307 A.D.2d 972 · Appellate Division of the Supreme Court of the State of New York · Aug 11, 2003

The permit application was denied and the petitioner appealed to the respondent Zoning Board of Appeals of the Town of Huntington (hereinafter the ZB A). … any decision regarding the status of the subject lot would significantly affect the owners of the adjoining lot and the Supreme Court would have to consider their interests in settling the controversy (see Matter of Baker v

ELN Realty Corp. v. Zoning Board of Appeals

261 A.D.2d 619 · Appellate Division of the Supreme Court of the State of New York · May 24, 1999

(see, Matter of Baker v Brownlie, 248 AD2d 527 ). … hearings (see, Town Law § 267 [6]; Matter of Pettit v Board of Appeals, 160 AD2d 1006 ).

Bartucelli v. New York City Board of Education

233 A.D.2d 352 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1996

Notre Dame Academy, 227 AD2d 545 ; Rich v West Shore Little League, 209 AD2d 396 ; Gonzalez v City of New York, 203 AD2d 421 ; Strauss v Town of Oyster Bay, 201 AD2d 553 ; Melko v Town of Islip, 172 AD2d 729 ; Hoffman v City … of New York, 172 AD2d 716 , cf., Castello v County of Nassau, 223 AD2d 571; see also, Benitez v New York City Bd. of Educ., 73 NY2d 650 ).

Harris v. Board of Education

73 A.D.3d 1451 · Appellate Division of the Supreme Court of the State of New York · May 7, 2010

Also contrary to petitioner’s contention, respondent Board of Education was not bound by the Hearing Officer’s recommendation in determining the appropriate penalty (see Matter of Welch v Weinstein, 114 AD2d 463 [1985]), … and we conclude that the penalty of dismissal is not “so disproportionate to the offense as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ. of Union Free School Dist.

Comfort v. New York State Human Rights Appeal Board

101 A.D.2d 663 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 1984

The scope *664 of our review is no broader than that of the Board (see Matter of Mize v State Div. of Human Rights, 33 NY2d 53, 57 ). … Under these circumstances, the Board’s affirmance of the Division’s finding of no probable cause was proper (see State Div. of Human Rights v WBEN, Inc., 96 AD2d 1141 ; Matter of Misterman v New York State Human Rights Appeal

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.

Many v. Village of Sharon Springs Board of Trustees

234 A.D.2d 643 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1996

Barile, 210 AD2d 562, 563 , lv denied 85 NY2d 805 ; Matter of Save the Pine Bush v Cuomo, 200 AD2d 859, 860 , lv dismissed 83 NY2d 884 ). … City Engr., 220 AD2d 871, 872 , lv denied 87 NY2d 807 ; Matter of Friends of Pine Bush v Planning Bd., 86 AD2d 246, 247 , affd 59 NY2d 849 ).

Matter of Scavo v. Albany County Board of Elections

131 A.D.3d 796 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2015

MEMORANDUM AND ORDER ALBANY COUNTY BOARD OF ELECTIONS, Respondent. ________________________________ Calendar Date: August 20, 2015 Before: Lahtinen, J.P., McCarthy, Garry and Clark, JJ. … S Ct 682 [2013]; LaValle v Hayden, 98 NY2d 155, 161 [2002]; Worthington v London Guar. & Acc.

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]).

Board of Education v. Three Village Teachers Ass'n

72 A.D.2d 542 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1979

Board of Educ. v Bellmore-Merrick United Secondary Teachers, 39 NY2d 167 ). Thus, the provisions of article 22 do not constitute an impermissible surrender of the board’s ultimate duty to make the assignments (cf. … This language falls within the class of "broad” arbitration clauses (see Board of Educ. v New Paltz United Teachers, 44 NY2d 890 ; Matter of South Colonie Cent.

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 ).

Mathis v. Board of Educ. of City of New York

126 A.D.3d 951 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2015

City of New York, 84 NY2d at 49 ; see Whitfield v Board of Educ. of City of Mount Vernon, 14 AD3d 552, 553 [2005]). … City of New York, 84 NY2d at 49 ; see Whitfield v Board of Educ. of City of Mount *953 Vernon, 14 AD3d at 553 ).

92 MM Motel, Inc. v. Zoning Board of Appeals

90 A.D.3d 663 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 2011

A proceeding pursuant to CPLR article 78 seeking review of any determination of a zoning board of appeals “shall be *664 instituted within thirty days after the filing of a decision of the board in the office of the town … v Dunn, 298 AD2d 974 [2002]; Matter of Casolaro v Zoning Bd. of Appeals of Vil. of Elmsford, 200 AD2d 742 [1994]).

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.

People v. Wilson

100 A.D.2d 690 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1984

As the nephew’s father pulled the nephew from atop Brown, defendant hit Brown several times with a portion of a wooden construction barricade, causing the latter’s death. … allegedly used to strike Brown.

State Division of Human Rights v. Board of Education

53 A.D.2d 1043 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1976

No. 6 of Towns of Islip & Smithtown v New York State Human Rights Appeal Bd., 35 NY2d 371 ; Matter of 121-129 Broadway Realty v New York State Div. of Human Rights, 43 AD2d 754 ; Matter of Moskal v State of New York, Executive … Comm. v Glen Cove NAACP, 34 AD2d 956 ; Matter of Rochester Gas & Elec. Corp. v Maltbie, 272 App Div 162 ). Such is the law where relatively minor delays occur.

In re Oliver

234 A.D. 170 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1931

Brown v. Freisch, supra, 369 ; Matter of Hearst v. Woelper, 183 N. Y. 274 ; People ex rel. Brink v. Way, 179 id. 174.) … Brown v. Freisch, supra, 373 .)

Darcy v. Zoning Board of Appeals of Rochester

185 A.D.2d 624 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1992

Thus, the nonconforming use had been discontinued well beyond the specified period, and the ordinance expressly forecloses inquiry into the owner’s intent to resume or not to abandon (see, Matter of Sun Oil Co. v Board of … Zoning Appeals, 57 AD2d 627 , affd 44 NY2d 995 ; Village of Spencerport v Webaco Oil Co., 33 AD2d 634 ; 1 Anderson, New York Zoning Law and Practice §§ 6.46-6.47 [3d ed]).