Case law

Board of Education v. Hempstead Classroom Teachers Ass'n

251 A.D.2d 502 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1998

The Board’s contention that the award is violative of public policy is improperly raised for the first time on appeal (see, Matter of County of Suffolk v Faculty Assn., 247 AD2d 472 ) and, in any event, is without merit ( … see generally, Matter of Sprinzen [Nomberg], supra; Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774 ; Board of Educ. v Bellmore-Merrick United Secondary Teachers, 39 NY2d 167 ).

Cascade Associates, LLC v. Zoning Board of Appeals

8 A.D.3d 1120 · 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 June 19, 2002.

People ex rel. Spaulding v. Board of Supervisors

66 A.D. 117 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1901

.: The ground for the rejection of the claims by the board of supervisors, that the claimant was not licensed by the State Board of Charities, is untenable. … Nor did the duties of Maybee, under his contract, require-a license from the State Board of Charities.

Reilly v. Board of Regents of the University

250 A.D.2d 884 · Appellate Division of the Supreme Court of the State of New York · May 7, 1998

settled that in a proceeding such as this, our inquiry is limited to whether the determination of petitioner’s guilt by a preponderance of the evidence is fully supported by substantial evidence in the record” (Matter of Howe v … Board of Regents, 210 AD2d 541, 542 ).

NW Liquidating Corp. v. Industrial Board of Appeals

213 A.D.2d 549 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1995

—In a proceeding pursuant to CPLR article 78 to review a determination of the Industrial Board of Appeals, dated December 2, 1992, which, after a hearing, modified an Order to Comply of the New York State Commissioner of … York, 147 AD2d 985 ; Hodge v State of New York, 158 Misc 2d 438 ; see also, Matter of Figaro v New York State & Local Retirement Sys., 203 AD2d 678 ).

Ray v. Board of Elections

275 A.D.2d 428 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 2000

The appeal must be dismissed as academic (see, Matter of Hanington v Coveney, 62 NY2d 640 ). … Law § 16-106 [4]), and at the recanvass, the petitioner was afforded the opportunity to review the ballots, challenge *429 them for defects, and raise any objections to the tabulation of the ballots (see, Matter of Cregg v

Kramer v. New York State Racing & Wagering Board

119 A.D.2d 552 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1986

— Proceeding pursuant to CPLR article 78 to review a determination of the New York State Racing and Wagering Board dated December 12, 1985, which, after a hearing, suspended the petitioner’s harness racing license. *553 Determination … Assoc. v State Div. of Human Rights, 45 NY2d 176 ; Racing, Pari-Mutuel Wagering and Breeding Law § 309 [2] [e]; 9 NYCRR 4119.7, 4119.8, 4119.9). Mangano, J. P., Gibbons, Brown and Lawrence, JJ., concur.

Vacca v. Board of Managers of Primrose Lane Condominium

251 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1998

v One Fifth Ave. … Hence, absent evidence of “bad faith, fraud, self-dealing, or other misconduct on the . part of the board, judicial review of the reasonableness of the board’s action is foreclosed” (Longo v Town ‘N Harbor Owners Corp., 180

McNamara v. Board of Assessors of Town of Smithtown

272 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · May 30, 2000

property, granted applications to reduce tax assessments on two other parcels of property only to a limited extent, and dismissed an application to reduce tax assessments on another parcel of property, respectively, the Board … Board of Assessors, 194 AD2d 542 ).

Westmoreland Apt. Corp. v. New York City Water Board

294 A.D.2d 587 · Appellate Division of the Supreme Court of the State of New York · May 28, 2002

NY2d 507 ; Perry Thompson Third Co. v City of New York, 279 AD2d 108 ). … The courts have the power to review the Water Board’s determinations and may overturn determinations if the action is arbitrary and capricious, i.e., lacks a rational basis (see Matter of Pell v Board of Educ., 34 NY2d 222

Town of Arietta v. State Board of Equalization & Assessment

80 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1981

Special Term, entered December 14, 1979 in Albany County, which granted respondents’ motion to dismiss petitioners’ applications, in proceedings pursuant to CPLR article 78, to review determinations of respondent State Board … Goldenberg v City of New York, 43 AD2d 861 ; Hornstein v Podwitz, 229 App Div 167 , affd 254 NY 443 ).

Steuben-Allegany Board of Cooperative Educational Services v. Steuben-Allegany Board of Cooperative Educational Services Teachers' Ass'n

179 A.D.2d 1050 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1992

Many v. Village of Sharon Springs Board of Trustees

218 A.D.2d 845 · Appellate Division of the Supreme Court of the State of New York · Aug 3, 1995

Board of Zoning & Appeals, 69 NY2d 406, 409-410 ; Matter of Darlington v City of Ithaca, 202 AD2d 831 ; Matter of Heritage Co. v Belanger, 191 AD2d 790, 791 ). … petitioner to assurance that respondents have complied with *846 SEQRA (see, Chase v Board of Educ., 188 AD2d 192, 199 ; compare, Matter of Schulz v Warren County Bd. of Supervisors, 206 AD2d 672, 673 , lv denied 85 NY2d

New York City Board of Education v. Simley

96 A.D.2d 947 · Appellate Division of the Supreme Court of the State of New York · Aug 29, 1983

As interpreted by the board, retention rights were restricted to the per-session teachers who were regularly employed in the board’s regular day school program. … Matter of CUNY-Hostos Community Coll, v State Human Rights Appeal Bd., 59 NY2d 69 ).

Southampton Commons Homeowners Ass'n v. Southampton Town Board

268 A.D.2d 480 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2000

In addition, the Planning Board set forth a reasoned elaboration for its determination (see, Matter of Merson v McNally, 90 NY2d 742, 751 ). … Jackson v New York Urban Dev.

Village Board of Village of Fayetteville v. Jarrold

75 A.D.2d 994 · Appellate Division of the Supreme Court of the State of New York · May 23, 1980

Such an inquiry must focus upon whether there was substantial evidence to support the zoning board’s decision (Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309, 314 ; Banos v Colborn, 35 AD2d 281, 284 ). … Under these circumstances, there was insufficient evidence before the zoning board to support its decision (cf. Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309 , supra, pp 313-314).

Abdur-Raheem v. New York State Board of Parole

78 A.D.3d 1412 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 2010

“It is well settled that '[i]n reviewing an inmates’s request for parole release, the Board must consider various statutory factors (see Executive Law § 259-i [1]; [2] [c] [A]), but it is not required to give equal weight … Carter v Dennison, 19 AD3d 974, 975 [2005]; Matter of Trobiano v State of N.Y.

Mehan v. New York State Board of Parole

143 A.D.2d 516 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1988

Dowdy v Smith, 48 NY2d 477 ). Further, we find no merit to petitioner’s claim that his parole revocation hearing was not conducted in a timely manner. … Gonzales v Dalsheim, 52 NY2d 9 ; People ex rel. Matthews v New York State Div. of Parole, 122 AD2d 93 ; cf., People ex rel. Brown v New York State Bd. of Parole, 139 AD2d 548, 550-551 ; L 1984, chs 413, 435).

Mehiel v. County Board of Legislators of Westchester

175 A.D.2d 109 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1991

Since the County Board of Legislators of the County of Westchester did not adopt a plan of apportionment pursuant to Municipal Home Rule Law § 10 (1) (a) (13) (a), it is not controlling here (see, Matter of Angell v Tompkins … City of Yonkers, 38 Misc 2d 691, 696 ; see also, Baldwin v City of Buffalo, 6 NY2d 168, 175 ).

Krigos v. New York City Board of Education

247 A.D.2d 446 · Appellate Division of the Supreme Court of the State of New York · Feb 9, 1998

“In the absence of duty, there is no breach and without a breach there is no liability” (Pulka v Edelman, 40 NY2d 781, 782 ). … placed the onus of abiding by this rule upon the soccer league (see, Rothbard v Colgate Univ., 235 AD2d 675 ).