Case law

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.

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.

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

Salamino v. Board of Education of City School District

85 A.D.3d 617 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 2011

Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214, 223-224 [1996]). … The Chancellor’s Regulations were posted on the Board of Education Web site, and petitioner was on reasonable notice, under the objective circumstances, of a potential sexual misconduct claim.

Green v. Manhattan Community Board 10

129 A.D.3d 588 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 2015

determination made after a hearing conducted pursuant to a collective bargaining agreement between petitioner’s union and respondent New York City, terminating petitioner from her position as a Community Associate at Community Board … City Univ. of N.Y., 13 AD3d 162 [1st Dept 2004], lv denied 5 NY3d 705 [2005]; Matter of Rodriguez v New York City Tr.

St. Regis Paper Co. v. Tonawanda Board & Paper Co.

107 A.D. 90 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1905

(Meuer v. Phenix National Bank, 94 App. Div. 331 ; First Nat. Bank of Jersey City v. Leach, 52 N. Y. 350 ; White v. … (Nassoiy v. Tomlinson, 148 N. Y. 328 ; Fuller v. Kemp, 138 id. 231; Simons v. American Legion of Honor, 178 id. 263 ; Logan v. Davidson, 18 App. Div. 353 ; affd., 162 N. Y. 624 ; Jackson v. Volkening, 81 App. Div. 36 .)

Westinghouse Electric Corp. v. State Human Rights Appeal Board

60 A.D.2d 943 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1978

Proceedings initiated in this court pursuant to section 298 of the Executive Law to review orders of the State Human Rights Appeal Board, dated May 12, 1977 and July 18, 1977, which affirmed orders of the State Division of … (supra) and State Div. of Human Rights v Jamestown Tel. Corp. (supra).

Cablevision System Development Co. v. Board of Assessors

98 A.D.2d 818 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1983

Property Tax Law, the appeal is from a judgment of the Supreme Court, Nassau County (Meade, J.), entered November 12, 1982, which, inter alia, granted the petitioner’s motion for summary judgment, ordered the appellant Board … v Irizarry, 48 NY2d 795, 797 ).

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],

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

Ireland v. Town of Queensbury Zoning Board of Appeals

169 A.D.2d 73 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1991

of Britt v County of Niagara, 82 AD2d 65, 70 ). … Panella v Budney, 59 Misc 2d 542, 543 ).

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

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

Chenu v. Board of Trustees of Police Pension Fund

12 A.D.2d 422 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1961

The Board of Trustees notified the claimants that the question as to which of the two was the lawful widow should be determined by a court of competent jurisdiction. … S. 287 ; Williams v. North Carolina, 325 U. S. 226 ; Estin v. Estin, 296 N. Y. 308 , affd. 334 U. S. 541 ).

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