Case law

David v. New York City Conciliation & Appeals Board

91 A.D.2d 581 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1982

Obviously, this is contrary to the spirit and the letter of the law which brought the Conciliation and Appeals Board into existence. … Matter of Century Operating Corp. v Popolizio ( 90 AD2d 731 ), relied upon by the dissent, is not inconsistent with the result herein.

Doubleday & Co. v. Board of Assessors of Garden City

202 A.D.2d 424 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1994

whether there is support in the record for dismissal on that ground (see, Matter of Hyacinthe v Glaser, 104 AD2d 651, 652 ; Matter of Skuse v Town of S. … In such situations, the courts have found the dismissal of the judicial proceedings to be an inappropriate remedy (see, Matter of State of New York v Town of Northampton, 156 AD2d 857, 858 ; Matter of Salisbury v Board of

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

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 ).

Greenfield v. Board of Assessment Review for Town of Babylon

106 A.D.3d 908 · Appellate Division of the Supreme Court of the State of New York · May 15, 2013

Beitia, 68 AD3d 957, 960 [2009]; Natoli v Milazzo, 65 AD3d 1309 [2009]; Amherst Synagogue v Schuele Paint Co., Inc., 30 AD3d 1055 [2006]; Romero v Korn, 236 AD2d 598 [1997]; Koelbl v Harvey, 176 AD2d 1040 [1991]). … “Where discovery demands are overbroad, ‘the appropriate remedy is to vacate the entire demand rather than to prune it’ ” (Kregg v Maldonado, 98 AD3d at 1290 , quoting Board of Mgrs. of the Park Regent Condominium v Park

Kolenda v. Incorporated Vil. of Garden City

2023 NY Slip Op 01783 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2023

The defendants Frederick Brown and Lisa Brown (hereinafter together the homeowners) owned the property adjoining the area of the sidewalk where the incident allegedly occurred. … According to Frederick Brown, the homeowners provided a written agreement to the Village opting for the Village to make the repairs.

Nielsen v. Planning Board of Town of East Hampton

110 A.D.2d 767 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1985

Scrivani, 97 AD2d 769 ; Matter of Schenectady Chems. v Flacke, 83 AD2d 460 ). … The subsequent preparation of environmental assessment forms does not vitiate the planning board’s failure to literally comply with the statutory mandate (see, Matter of Schenectady Chems. v Flacke, supra).

State v. New York State Public Employment Relations Board

181 A.D.2d 391 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1992

(see, Matter of Incorporated Vil. of Lynbrook v New York State Pub. … of Educ. v New York State Pub.

Coghlan v. Board of Education

262 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1999

Memorandum: Contrary to petitioner’s contention, respondent afforded petitioner and her son “reasonable notice” of the alleged misconduct (Education Law § 3214 [3] [c]; see, Matter of Board of Educ. v Commissioner of Educ … 224 , affd 757 F2d 496; Matter of Tietje, 34 Ed Dept Rep 567, 570-571; Matter of Rodriguez, 8 Ed Dept Rep 214, 216-217; cf., Howard v Clark, 59 Misc 2d 327, 329 ).

Aluminum Co. of America v. Board of Assessors

238 A.D.2d 858 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1997

Co. v Board of Trustees ( 70 Misc 2d 559 ) in support of its argument. However, New York Tel. … Board of Assessors, 91 AD2d 809 ; Blooming Grove Props. v Town of Blooming Grove, 34 AD2d 953 ).

Bolin v. Nassau County Board of Cooperative Educational Services

52 A.D.3d 704 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2008

AD2d 423, 424 [1993]; Matter of Rubinstein v Simpson, 109 AD2d 885, 886 [1985]; Coates v City of New York, 49 AD2d 565, 566 [1975]). … Simmons, 290 NY 449, 455 [1943]; Salatino v Salatino, 13 AD3d 512, 513 [2004]; Hoffman v Unterberg, 9 AD3d 386, 387-388 [2004]).

Obser v. Board of Education

266 A.D.2d 522 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1999

—In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs, the Board of Education of the City of New York and the City of New York, appeal, as limited by their brief, from so much … (hereinafter Iannelli) did not make a special use of the school entrance at which the plaintiff Herbert Obser was injured (see, Minott v City of New York, 230 AD2d 719 ).

Halper v. State Board for Professional Medical Conduct

151 A.D.2d 643 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1989

nature of an investigation can be *644 demonstrated, as in this case, the Supreme Court has the discretionary authority to determine the validity of a subpoena on the basis of in camera submissions (see, Matter of Levin v … Murawski, 59 NY2d 35, 42, n 4 ; Matter of Levin v Guest, 112 AD2d 830, 832 ; see also, Early v County of Nassau, 98 AD2d 789 ).

Sindoni v. Board of Educ. of Skaneateles Cent. Sch. Dist.

2022 NY Slip Op 00772 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 2022

Sindoni v Board of Educ. of Skaneateles Cent. Sch. Dist. ( 2022 NY Slip Op 00772 ) Sindoni v Board of Educ. of Skaneateles Cent. Sch. … Matter of Young v Board of Appeals of Inc.

Falk v. Village of Scarsdale Zoning Board of Appeals

254 A.D.2d 358 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 1998

, and denying him permission to install it, was arbitrary, capricious, or irrational (see, Matter of JIJ Realty Corp. v Costello, 239 AD2d 580 ; Matter of Burke v Denison, 218 AD2d 894 ; Matter of Moody Hill Farms v Zoning … , 249 AD2d 463 ; Galatti v Alliance Funding Co., 228 AD2d 550 ).

Cornell University v. New York City Conciliation & Appeals Board

55 A.D.2d 587 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1976

Order and judgment (one paper), Supreme Court, New York County, entered on August 23, 1976, unanimously affirmed on the opinion of Gellinoff, J., at Special Term (see, also, Axelrod v Starr, 52 AD2d 232 ), without costs and

E & B Realty, Inc. v. Zoning Board of Appeals

275 A.D.2d 779 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 2000

The Zoning Board of Appeals denied that application and this proceeding pursuant to CPLR article 78 ensued. … The Supreme Court must give deference to the determination by a Zoning Board of Appeals (see, Matter of Fuhst v Foley, 45 NY2d 441 ).

Board of Directors of Windsor Owners Corp. v. Platt

135 A.D.3d 533 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2016

Matter of DiPippo v. Accurate Signs & Awnings

2024 NY Slip Op 04848 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2024

" ( Matter of Allen v CPP-Syracuse, Inc. , 194 AD3d 1278, 1279 [3d Dept 2021] [internal quotation marks and citations omitted]; see Matter of Brown v Laboratory Corp. of Am. , 222 AD3d 1127, 1131 [3d Dept 2023]; Matter of … 1060 [3d Dept 2023] [internal quotation marks and citations omitted]; accord Matter of Brown v Laboratory Corp. of Am. , 222 AD3d at 1131 ).

Common Council v. Town Board

229 A.D.2d 1022 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1996

Supervisors of Town of Bedford, 45 NY2d 335, 341 ; Matter of City Council v Town Bd., 27 NY2d 369 ). … A judgment that a proposed annexation is in the over-all public interest can be made only after the court has had the opportunity to review all the relevant facts (see, Matter of Board of Trustees v Town of Ramapo, 171 AD2d