Case law

262-64 Higbie Lane, Inc. v. Town Board

267 A.D.2d 377 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1999

AD2d 646 ; Turner v Baisley, 197 AD2d 681 ). … Co. v City of New York, 74 NY2d 166, 170 ; ICC Bridgeport Ltd. Partnership v Primrose Dev. Corp., 221 AD2d 417, 418 ; Dos v Scelsa & Vil *379 lacara, 200 AD2d 705, 707 ). Thompson, J. P., Krausman, H.

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

Mizel v. New York State Board of Elections

232 A.D.2d 721 · Appellate Division of the Supreme Court of the State of New York · Oct 11, 1996

Petitioner commenced the instant proceeding challenging the Board’s determination, which Supreme Court dismissed. … with whom it was filed (see generally, Matter of Liepshutz v Palmateer, 112 AD2d 1101, 1102 , affd 65 NY2d 965 ; Matter of Belak v Rossi, 96 AD2d 1011, 1012 , lv denied 60 NY2d 552 ).

Board of Education v. Bernard Associates No. 3, Inc.

11 A.D.2d 1038 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1960

This question is one for the court and not for arbitration (Matter of Board, of Educ. (Heckler Elec. Co.], 7 N T 2d 476, 481, 482).

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

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 ).

Trobiano v. State

285 A.D.2d 812 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 2001

While we find that respondent did not demonstrate substantial prejudice so as to warrant dismissing the petition on this basis (see, Matter of Brown v Casier, 95 AD2d 574, 576-577 ), we nevertheless agree with Supreme Court … of Dudley v Brown, 227 AD2d 863, 863 , lv denied 88 NY2d 812 ; see, Matter of Guerin v New York State Div. of Parole, 276 AD2d 899 ; Executive Law § 259-i [1], [2], [5]).

Breskin Realty Associates v. Zoning Board of Appeals

230 A.D.2d 793 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 1996

A determination of a zoning board must be upheld as long as *794 there is a rational basis for it and it is supported by substantial evidence (see, Matter of Fuhst v Foley, 45 NY2d 441, 444 ). … Co. v Galvin, 35 NY2d 52 ).

Cabang v. United States Shipping Board Merchant Fleet Corp.

227 A.D. 751 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1929

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.

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]).

Wallberg v. Planning Board of Town of Pound Ridge

115 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1985

v Town of Veteran Planning Bd., 58 AD2d 703 ; Matter of Fusaro v Ziemba, 46 AD2d 688 ; see also, Matter of Sun Beach Real Estate Dev. … Corp. v Anderson, 98 AD2d 367 , affd 62 NY2d 965 ).

Crawford v. New York State Racing & Wagering Board

150 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · May 4, 1989

On a prior appeal, we held that respondent’s offer to reduce petitioner’s eight-day suspension to five days comported with due process (Matter of Crawford v New York State Racing & Wagering Bd., 100 AD2d 653 ), and we decline … to reconsider our prior decision (see, People v Hobson, 39 NY2d 479, 489 ; Matter of Belanger v New York State Racing & Wagering Bd., 114 AD2d 609, 610 ).

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 ).

Board of Education v. Ardsley Congress of Teachers

48 A.D.2d 879 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1975

Upon the denial of petitioner’s motion to vacate the arbitration award, Special Term should have confirmed the award (CPLR 7511, subd [e]; Matter of Hillside Housing Corp. v Local 32E, Bldg. Serv. Employees Int.

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).

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.

King v. Town of Islip Zoning Board of Appeals

68 A.D.3d 1113 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2009

v Board of Zoning & Appeals of Town of N. … “Thus, the determination of a zoning board should be sustained upon judicial review if it has a rational basis and is not arbitrary and capricious” (Matter of Genser v Board of Zoning & Appeals of Town of N.

Fruchter v. Zoning Board of Appeals

133 A.D.3d 1174 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2015

Judicial review of a determination of a zoning board of appeals is generally deferential (see Matter of Meier v Village of Champlain Zoning Bd. of Appeals, 129 AD3d 1364, 1365 [2015]), and that body is accorded reasonable … Corp. v City of Rye, 66 NY2d 111, 115 [1985]). Petitioner’s activity does not fit neatly into the definitions in the Town Code.

Matter of Jones v. New York State Parole Board

127 A.D.3d 1327 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 2015

MEMORANDUM AND ORDER NEW YORK STATE PAROLE BOARD, Respondent. ________________________________ Calendar Date: February 24, 2015 Before: Lahtinen, J.P., McCarthy, Egan Jr. and Rose, JJ. … 2000]; Matter of Graziano v Evans, 90 AD3d 1367, 1367 [2011], lv denied 18 NY3d 810 [2012]).