Case law

Professional Detail Service, Inc. v. Board of Education

104 A.D.2d 336 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 1984

(Parochial Bus Systems v Board of Educ., 60 NY2d 539, 548-549 .) … (Parochial Bus *337 Systems v Board of Educ., supra, p 548.) Concur — Sullivan, Asch, Fein and Milonas, JJ. Kupferman, J. P., dissents and would affirm.

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 ).

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.

Lucas v. Board of Appeals of Village of Mamaroneck

57 A.D.3d 784 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 2008

In an order and judgment (one paper) entered January 10, 2007 the Supreme Court, inter alia, granted the petition and annulled the BOA’s determination (see Matter of Lucas v Board of Appeals of Vil. of Mamaroneck, 14 Misc … Thus, where, as here, a zoning board is faced with an application that is substantially similar to a prior application that had been previously determined, the zoning board is required to provide a rational explanation for

County of Chautauqua v. Pacos Construction Co.

195 A.D.2d 1021 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

Corp. v Jobin Waterproofing, 167 AD2d 988 , 989, citing Board of Educ. v Sargent, Webster, Crenshaw & Folley, 71 NY2d 21, 28-29 ; City of Rochester v Holmsten Ice Rinks, 155 AD2d 939, 940 ). … been discharged by another, such that a contract to indemnify should be implied by law” (Board of Educ. v Sargent, Webster, Crenshaw & Folley, supra, at 29; see also, Facilities Dev.

Retail Property Trust v. Board of Zoning Appeals

301 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2003

Trust v Board of Zoning Appeals of Town of Hempstead, 281 AD2d 549 ). … Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190 ).

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).

Jainchill v. New York State Human Rights Appeal Board

83 A.D.2d 665 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1981

Emil v Dewey, 49 NY2d 968 ; Matter of Lassone v Whalen, 79 AD2d 1075 ), but the invocation of administrative proceedings only bars the filing of a complaint while the resolution of such matters remains undecided (cf. … Matter of New York City Housing Auth. v State Div. of Human Rights, 53 AD2d 844 ; Matter of Board of Educ. v State Div. of Human Rights, 38 AD2d 245, 247, 248 , affd 33 NY2d 946 ).

Wilcove v. Town of Pittsford Zoning Board of Appeals

306 A.D.2d 898 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2003

Petitioner commenced separate CPLR article 78 proceedings seeking to annul two separate determinations of the Town of Pittsford Zoning Board of Appeals (ZBA), a respondent in both appeals. … A reviewing court may not substitute its judgment for that of the zoning board (see Homeyer, 302 AD2d at 942 ).

Kaminowitz v. Board of Education

258 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 1999

article 78 proceeding pursuant to Education Law § 3020-a (former [5]) by petitioner teacher challenging the Hearing Panel’s findings of improper conduct and suspending him for two years without pay, granted respondent City Board … We note that the Commissioner’s determination will be subject to judicial review (see, Matter of Strongin v Nyquist, 44 NY2d 943 , 945, cert denied 440 US 901 ). Concur — Sullivan, J. P., Lerner, Mazzarelli and Saxe, JJ.

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 ).

Board of Education of the Deer Park Union Free School District v. New York State Public Employment Relations Board

167 A.D.2d 398 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1990

The Union established that Brault’s and Forte’s attendance at the hearing was a protected activity (see, National Labor Relations Bd. v Scrivener, 405 US 117 ; Matter of City of Salamanca v City of Salamanca D.P.W. … Employees Assn. v Newman, 61 NY2d 1001, 1004 ), was supported by substantial evidence in the record (see, Matter of County of Nassau v State of New York Pub. Employment Relations Bd., 103 AD2d 274, 277 ). Bracken, J.

Perez v. New York State Human Rights Appeal Board

71 A.D.2d 150 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1979

The State Human Rights Appeal Board affirmed and the present proceeding was initiated, pursuant to section 298 of the Executive Law to review the board’s determination. … In other words, a party has an election of remedies (State Div. of Human Rights v Commissioner of N. Y. State Dept, of Civ. Serv., 57 AD2d 699 ).

Kaminowitz v. Board of Education

257 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 1999

article 78 proceeding pursuant to Education Law § 3020-a (former [5]) by petitioner teacher challenging the Hearing Panel’s findings of improper conduct and suspending him for two years without pay, granted respondent City Board … We note that the Commissioner’s determination will be subject to judicial review (see, Matter of Strongin v Nyquist, 44 NY2d 943 , 945, cert denied 440 US 901 ). Concur—Sullivan, J. P., Lerner, Mazzarelli and Saxe, JJ.

Iwachiw v. New York State Board of Elections

277 A.D.2d 26 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 2000

Jul-Bet Enterprises, LLC v. Town Board of Riverhead

48 A.D.3d 567 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2008

In a proceeding pursuant to CPLR article 78 to review the determination of a municipality, “ ‘a court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary … and unreasonable and constitutes an abuse of discretion’ ” (Matter of Pell v Board of Educ. of Union Free School Dist.

Rothenberg v. Board of Zoning Appeals of Smithtown

232 A.D.2d 568 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1996

To annul an administrative determination made after a hearing, the court must conclude that the determination is not supported by substantial evidence on the record when read as a whole (see, Matter of Lahey v Kelly, 71 NY2d … Since the Board did not reach the issue of whether an area variance should be granted, we remit the matter to that Board for further proceedings on that issue. Copertino, J.

Marble Masonic Historical Society v. Tuckahoe Assessment Review Board

262 A.D.2d 487 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1999

Y., supra; Matter of Pell v Board of Educ., 34 NY2d 222 ; Matter of Chautauqua Rails to Trails v Assessors of Town of Chautauqua, 231 AD2d 878 ; Matter of Inward House Corp. v Frey, 227 AD2d 845 ; Economic Opportunity Commn … . v Village of Hempstead, 148 AD2d 570 ).

People ex rel. White v. Superintendent & Board of Managers

157 A.D. 899 · Appellate Division of the Supreme Court of the State of New York · May 15, 1913