Case law

Agoado v. Board of Education of City School District

282 A.D.2d 602 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2001

An allegedly aggrieved party who does not proceed promptly and make a formal demand may be charged with laches (see, Austin v Board of Higher Educ., 5 NY2d 430, 442 ; Matter of Civil Serv. Empls. … Assn. v Board of Educ., 239 AD2d 415, 416 ). There is no evidence that the petitioners formally demanded appeals of their unsatisfactory ratings in accordance with Board of Education By-Law 5.3.4A.

Fawn Builders, Inc. v. Planning Board of Lewisboro

223 A.D.2d 996 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1996

a rational basis supported by substantial evidence, a court should not substitute its judgment for that of the Board when the Board has not abused its discretion or acted arbitrarily” (Matter of M & M Partnership v Sweenor … Here, while it is true that petitioner did take certain steps to mitigate problems with the proposed lot (see, e.g., Matter of Save the Pine Bush v Planning Bd., 217 AD2d 767 ; Matter of Citizens Accord v Town Bd., 192 AD2d

Board of Education v. Buffalo Teachers Federation, Inc.

77 A.D.2d 802 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1980

Zuckerman v. New York State Board of Parole

54 A.D.2d 1033 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1976

Wurm v. Community School Board District No. 19

51 A.D.2d 736 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1976

Graham v. Board of Supervisors of Erie County

27 A.D.2d 902 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1967

Memorandum: Special Term lacked the power and authority to restrain the Board of Elections and the Common Council from submitting the issue of the sales tax referendum to the voters on March 28, 1967.

Persichilli Homes, Inc. v. Zoning Board of Appeals

24 A.D.2d 882 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1965

of the Zoning Board o£ Appeals, a court may not substitute its judgment for the conclusion reached (Matter of Berg v. … Accordingly, the board’s determination was not arbitrary or capricious, but founded on sufficient grounds (Matter of Baumhofer v. Ullrich, 20 A D 2d 751).

New York City Housing & Redevelopment Board v. Foley

22 A.D.2d 788 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 1964

Motions granted to the following extent: granting leave to petitioners to appeal and respondent, Board of Standards and Appeals of the City of New York, is granted permission to cross-appeal on the issue referred to in its

Erie County Board of Social Welfare v. Blanchard

18 A.D.2d 1126 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1963

Terko v. Board of Supervisors of Columbia County

245 A.D. 771 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1935

I think petitioners’ claim is against the State, and is exactly like the case of Rockford, v. State of New York C-47 (1st case) at the same term with the present case. … therefore, is to be regarded as the law as between the parties thereto, but petitioners have now availed themselves of the remedy by mandamus, and upon the facts presented it appears that they have no claim against the board

Schoenlank v. Board of Regents of the University

268 A.D. 807 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1944

People ex rel. Fisher v. Board of Supervisor

113 A.D. 917 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1906

St. George Trucking Corp. v. Board of Elections

266 A.D. 924 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1943

People ex rel. Mayham v. Board of Sup'rs

152 N.Y.S. 1137 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1915

St. Germain v. Board of Inspectors of Elections

270 A.D. 1018 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1946

New York State Labor Relations Board v. Wheeler

266 A.D. 664 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1943

Toffenetti v. New York State Labor Relations Board

269 A.D. 771 · Appellate Division of the Supreme Court of the State of New York · May 18, 1945

Judgment and order unanimously affirmed, with costs to the respondent New York State Labor Relations Board. No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.

Wise v. Westchester County Alcoholic Beverage Control Board

250 A.D. 725 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1937

In view of the due exercise of authority by the Westchester County Alcoholic Beverage Control Board, the appeal is dismissed, without costs. No opinion. Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.

People ex rel. Osborne v. Board of Education

249 A.D. 737 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1936

People ex rel. White v. Board of Supervisors

109 N.Y.S. 1142 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1908