Case law

Board of Education v. Civil Service Employees Ass'n

78 A.D.2d 999 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1980

The arbitration clause is unambiguous and encompasses the grievance at issue (Board of Educ. v Barni, 49 NY2d 311 ). … We will not presume in advance of arbitration that the arbitrator will exceed his powers (see Board of Educ. v Barni, supra, p 315; cf.

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 ).

Steve General Contractor, Inc. v. Board of Education

256 A.D.2d 1224 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1998

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]).

Citizens Savings Bank v. Board of Zoning Appeals

238 A.D.2d 874 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1997

Bank v City of Albany Bd. of Zoning Appeals, 216 AD2d 680, 681 ). Such is not the case here. … Bank v Board of Zoning Appeals, 224 AD2d 797 , supra), the requested variance should be granted. Mikoll, J. P., Mercure, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

Gentile v. Village of Tuckahoe Zoning Board of Appeals

87 A.D.3d 695 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 2011

Onge v Donovan, 71 NY2d 507, 515-516 [1988], quoting Matter of Pearson v Shoemaker, 25 Misc 2d 591, 591-592 [1960]). … “However, ‘if a zoning board imposes unreasonable or improper conditions, those conditions may be annulled although the variance is upheld’ ” (Matter of Martin v Brookhaven Zoning Bd. of Appeals, 34 AD3d 811, 812 [2006],

Warrensburg Board & Paper Corp. v. Unigard Mutual Insurance

143 A.D.2d 602 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1988

These appeals, although not consolidated, arise from the same facts and raise identical issues, and are accordingly jointly disposed of as follows: Plaintiff Warrensburg Board & Paper Corp. … Co. v Port Auth., 66 AD2d 269, 277 ), and mere speculation as to the possibility that additional facts later may be developed will not trigger such a duty. (See, J.G.A. Constr. Corp. v Charter Oak Fire Ins.

Homeyer v. Town of Skaneateles Zoning Board of Appeals

302 A.D.2d 941 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2003

A zoning board has “broad discretion” in determining whether to grant the requested area variance (id. at 308), and judicial review is limited to deciding whether the determination of the zoning board was illegal, arbitrary … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 196 ; Matter of Cowan v Kern, 41 NY2d 591 , 599, rearg denied 42 NY2d 910 ; Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309, 316 ).

People ex rel. Peck v. Board of Supervisors

61 A.D. 545 · Appellate Division of the Supreme Court of the State of New York · May 15, 1901

Matter of Brown

2026 NY Slip Op 00048 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 2026

Matter of Brown (2026 NY Slip Op 00048) Matter of Brown 2026 NY Slip Op 00048 Decided on January 8, 2026 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold himself out in any way as an

DeNardo v. Board of Education

61 A.D.3d 864 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 2009

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the Mamaroneck Union Free School District dated July 18, 2007, which, in effect, adopted the recommendation of a hearing officer … Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 237 [1974]).

Andre v. New York State Board of Parole

78 A.D.2d 678 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1980

In five proceedings pursuant to CPLR article 78, inter alia, to review determinations of the New York Board of Parole establishing the petitioners’ minimum period of imprisonment at a length greater than one third of their … At the time the New York Board of Parole fixed each petitioner’s minimum period' of imprisonment, it was empowered, under the Executive Law, to fix a period in excess of one third of the maximum period (Matter of Russo v

Leone v. City of Jamestown Zoning Board of Appeals

151 A.D.3d 1828 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 2017

Memorandum: Petitioners, residents of the City of Jamestown, challenge the determination of respondent City of Jamestown Zoning Board of Appeals (ZBA) to grant a use variance to respondents Jamestown Community College (JCC … of Carrier v Town of Palmyra Zoning Bd. of Appeals, 30 AD3d 1036 , 1038 [2006], lv denied 8 NY3d 807 [2007]; Matter of Stamm v Board of Zoning Appeals of Town of Greece, 283 AD2d 995, 995 [2001]).

Morales v. New York City Board/Department of Education

150 A.D.3d 468 · Appellate Division of the Supreme Court of the State of New York · May 11, 2017

Matter of Davis v New York City Bd./Dept. of Educ., 137 AD3d 716 , 717 [1st Dept 2016], lv denied 29 NY3d 903 [2017]; see also Matter of Benjamin v New York City Bd./Dept. of Educ., 105 AD3d 677 , 678 [1st Dept 2013]). … The penalty of termination does not shock the court’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist.

Reinholt Hilfer v. Board of Regents of the University

257 A.D. 883 · Appellate Division of the Supreme Court of the State of New York · May 17, 1939

People ex rel. Amm v. Board of Railroad Commissioners

93 N.Y.S. 1142 · Appellate Division of the Supreme Court of the State of New York · May 9, 1905

In re the Claim of Jarrett

13 A.D.3d 965 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2004

The Unemployment Insurance Appeal Board affirmed this decision, resulting in this appeal. … Claimant’s assertion that a representative from the Department of Labor informed him that he had until August 8, 2003 to request a hearing presented a credibility issue for the Board to resolve (see Matter of Brown [Commissioner

Seneca Grape Juice Corp. v. Board of Assessors

34 A.D.2d 692 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1970

the Referee found the actual market value of the subject premises to be $65,000, he properly refused to grant a reduction in excess of the amount demanded in the respondent’s application to the assessors (Matter of Wright v.

Board of Cooperative Educational Services v. Town of Colonie

268 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2000

In October 1992 respondent’s Planning Board approved a site plan proposal for an office building project adjacent to and running the entire length of petitioner’s access road. … As a result, the Planning Board made this proposed curb-cut part of its final site plan approval.

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