Case law

Clayborn v. New York State Board of Parole

86 A.D.2d 898 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1982

Sta. v State of New York, 50 AD2d 973, 974 , mot for lv to app den 39 NY2d 709 ). Casey, J. P., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.

Matter of Martin v. D'Agostino Supermarkets Inc.

2025 NY Slip Op 04059 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2025

"[A] claimant seeking reclassification based upon extreme hardship must demonstrate financial hardship beyond the ordinary and existing in a very high degree" ( Matter of Brown v Plans Plus Ltd. , 231 AD3d 1250 , 1251 [3d … Inc. , 236 AD3d at 1255; Matter of Brown v Plans Plus Ltd. , 231 AD3d at 1252; Matter of Davis v Hutchings Children Servs. , 213 AD3d 1111, 1113-1114 [3d Dept 2023], lv denied 40 NY3d 902 [2023]).

Sreter v. Board of Examiners of Nursing Home Administrators

92 A.D.2d 973 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 1983

Nor can the fact that petitioners are competent nursing home administrators foreclose the board from fulfilling its responsibility to punish clear misconduct (Matter of Greco v Board of Examiners of Nursing Home Administrators … Finally, in view of the offenses committed, we cannot say the penalty was disproportionate to the misconduct (Matter of Loren v Board of Examiners of Nursing Home Administrators, Dept, of Health, State ofN.

Central Square Teachers Ass'n v. Board of Education

72 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1979

Employees Assn., Steuben County Ch. v County of Steuben, 50 AD2d 421, 425 ; County of Ontario v Civil Serv. Employees Assn., Ontario County Ch., 76 Mise 2d 365, affd 46 AD2d 738 ). … Even "where the arbitrator states an intention to apply a law, and then misapplies it, the award will not be set aside” Matter of Associated Teachers of Huntington v Board of Educ., 33 NY2d 229, 235 ).

Lassiter v. Board of Education

261 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · May 3, 1999

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City of New York,' dated May 13, 1997, terminating the petitioner’s employment based upon a rating that her performance … Assocs. v State Div. of Human Rights, 45 NY2d 176 ). Bracken, J. P., Sullivan, Friedmann and Florio, JJ., concur.

McQuade v. Board of Elections

260 A.D.2d 652 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1999

The refusal of the Board of Elections to appoint inspectors pursuant to Election Law § 8-407 was not arbitrary, capricious, or contrary to law (see, Matter of Colton v Berman, 21 NY2d 322, 329 ). … Election Law § 8-407(1) provides that a board of elections “may”, by resolution, appoint inspectors to supervise the absentee balloting in nursing homes and residential health care facilities.

Landmark Colony at Oyster Bay v. Board of Supervisors

113 A.D.2d 741 · Appellate Division of the Supreme Court of the State of New York · Sep 3, 1985

Board of Supervisors, 121 Misc 2d 23 ). … Board of Supervisors, 121 Misc 2d 23, 28 , supra).

O'Shea v. Board of Assessors of Nassau County

29 A.D.3d 1002 · Appellate Division of the Supreme Court of the State of New York · May 30, 2006

The court properly determined that the petitioner’s claim of excessive assessment is without merit (see Matter of Briffel v County of Nassau, 31 AD3d 79 [2006] [decided herewith]). … Spolzino and Lifson, JJ., dissent and vote to reverse the order and judgment, grant the petition, and annul the assessment for the reasons stated in their dissents in Matter of Briffel v County of Nassau ( 31 AD3d 79, 86,

MacRae v. New York State Racing & Wagering Board

48 A.D.2d 745 · Appellate Division of the Supreme Court of the State of New York · May 22, 1975

Upon the posting by petitioner of a $250 bond as required by the board, a hearing was held on the matter, and the board then made its findings which confirmed the judges’ ruling and also ordered the forfeiture of the bond … With such support as this, the board’s determination must be confirmed (Matter of Miller v Lomenzo, 43 AD2d 997 ). As to the forfeiture of the bond, however, we reach a contrary result.

Espada 2001 v. New York City Campaign Finance Board

59 A.D.3d 57 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2008

State of New York v Uzzillia, 156 AD2d 261 [1989]), not, as petitioners would have it, back in 2001, when the Board denied the Committee matching funds. … is not arbitrary and capricious (see generally Matter of Pell v Board of Educ. of Union Free School Dist.

Consolidated Edison Co. v. State Board of Equalization & Assessment

60 A.D.2d 356 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1978

Co. v State Board of Tax Comrs., 231 NY 221 ). … Board of Assessors, 53 AD2d 463 , affd sub nom Matter of Pierre Pellaton Apts, v Board of Assessors of County of Nassau on opn below 43 NY2d 769 ).

West Branch Conservation Ass'n v. Planning Board of Clarkstown

222 A.D.2d 513 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1995

In 1988, Hi-Tor submitted an application to the Planning Board of the Town of Clarkstown (hereinafter the Planning Board) seeking permission to subdivide the property into residential lots. … of an Environmental Impact Statement (see, Matter of West Branch Conservation Assn. v Planning Bd., 207 AD2d 837 ).

Norman v. Town Board of Town of Orangetown

118 A.D.2d 839 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1986

Because it seeks réview of an action of the Town Board of the Town of Orangetown acting in its legislative capacity, which cannot be the subject of review pursuant to CPLR article 78 (see, Matter of Southern Dutchess Country … Club v Town Bd., 25 AD2d 866 , affd 18 NY2d 870 ; Amerada Hess Corp. v Acampora, 109 AD2d 719 ; Matter of Stockfield v Town Bd., 87 AD2d 633 ; Matter of Amerada Hess Corp. v Lefkowitz, 82 AD2d 882 , lv dismissed 55 NY2d

Tubwell v. New York State Board of Parole

67 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1979

We agree (see Penal Law, § 70.30, subd 3; Matter of Colon v Vincent, 49 AD2d 939 , affd 41 NY2d 1084 ). We have considered petitioner’s other claim and find it to be without merit. Titone, J.

Bittens v. Board of Mgrs. of the Octavia Condominium

132 A.D.3d 487 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 2015

Corp. v Zupa, 34 AD3d 236 [1st Dept 2006], lv denied 8 NY3d 815 [2007]; compare Nicosia v Board of Mgrs. of the Weber House Condominium, 77 AD3d 455 [1st Dept 2010]). … purposes” (Matter of Levandusky v One Fifth Ave.

Wilson v. Board of Education

258 A.D.2d 841 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1999

Board of Educ., 255 AD2d 661, 663 ; compare, Matter of Cleary v Board of Educ., 243 AD2d 949, 951 ; Matter of deMeurers v New York State & Local Employees’ Retirement Sys., 243 AD2d 54, 60 , lv denied 92 NY2d 807 ), “a procedure … reasonable person would recognize as an explanation or request requiring a formal decision by [petitioner] to join [the retirement system]” (Retirement and Social Security Law § 803 [b] [3] [iii]; see, Matter of Scanlan v

Staten Island Board of Realtors, Inc. v. Smith

298 A.D.2d 592 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 2002

to confirm the report of á Judicial Hearing Officer, dated October 2, 2001, which, after a hearing, recommended denial of the application for an injunction, and granted the cross motion of the petitioner, Staten Island Board … Trades, 42 NY2d 538, 545 ; see Adirondack Appliance Repair v Adirondack Appliance Parts, 148 AD2d 796 ).

Doe v. Board of Education of Morris Central School

9 A.D.3d 588 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 2004

Plaintiff thereafter commenced this action against defendants Board of Education of Morris Central School, Morris Public School District and Betty Teed, the bus driver in question (hereinafter collectively referred to as … York, supra at 49, quoting Hoose v Drumm, 281 NY 54, 57-58 [1939]).

Bri-Mar Corp. v. Town Board of Knox

145 A.D.2d 704 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1988

Corp. v County of Suffolk, 71 NY2d 91, 96-97 ). … The Town Board’s reliance on Monroe-Livingston Sanitary Landfill v Town of Caledonia ( 72 AD2d 957 , affd 51 NY2d 679 ) to support its contention that the ordinance is not preempted because it imposes greater restrictions

Morando v. Town of Carmel Zoning Board of Appeals

81 A.D.3d 959 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 2011

of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Genser v Board of Zoning & Appeals of Town of N. … Corp. v Board of Zoning Appeals of Town of N. Hempstead, 72 AD3d 1080, 1080-1081 [2010]; Matter of Genser v Board of Zoning & Appeals of Town of N. Hempstead, 65 AD3d at 1146-1147 ).