Case law

People ex rel. Davis v. Board of Education

167 A.D. 941 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1915

We think the relator’s remedy is by writ of certiorari to review the action of the board of education.

People ex rel. Mayham v. Board of Supervisors

167 A.D. 946 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1915

United Federation of Teachers v. Board of Education

290 A.D.2d 338 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2002

amounts to no more than a remedy to vindicate the grievant’s rights under the applicable collective bargaining agreement and, as such, does not constitute a constitutionally proscribed gift (see, Matter of Antonopoulou v

Henry v. Town of Barrington Zoning Board of Appeals

125 A.D.3d 1434 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2015

Pietrzak & Pfau Associates, LLC v. Zoning Board of Appeals

34 A.D.3d 818 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 2006

“Municipal land use agencies like the Zoning Board are quasi-legislative, quasi-administrative bodies” (Matter of Halperin v City of New Rochelle, 24 AD3d 768, 770 [2005]). … Board of Appeals of Town of Hempstead, supra).

Monro Muffler/Brake, Inc. v. Town Board of Perinton

222 A.D.2d 1069 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1995

members voted to grant the application, two members voted to deny it, and one member abstained from voting did not, as petitioners contend, constitute a "non-action” by respondent (see, Town Law § 63; Matter of Zagoreos v … Therefore, we conclude that the denial of the application has a rational basis and should not be disturbed by this Court (see, Matter of Connors v *1070 Sullivan, 171 AD2d 982, 983 ).

Burchetta v. Town Board of the Town of Carmel

167 A.D.2d 339 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 1990

In an action for a judgment declaring Local Law No. 3 of 1987 of the Town of Carmel invalid, originally denominated a proceeding pursuant to CPLR article 78, the Town Board of the Town of Carmel and the Town of Carmel appeal … Sullivan, 150 AD2d 695 ; Matter of Asma v Curcione, 31 AD2d 883 ).

Eldridge v. Carmel Central School District Board of Education

82 A.D.3d 1147 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2011

Mills v County of Monroe, 59 NY2d 307, 312 [1983], cert denied 464 US 1018 [1983]; Cavanaugh v Board of Educ. of Huntington Union Free School Dist., 296 AD2d 369 [2002]; Doyle v Board of Educ. of Deer Park Union Free School … Servs. v Sweeney, 89 NY2d 395, 403 [1996]; but see Board of Educ. of Katonah-Lewisboro School Dist. v Board of Educ. of Carmel Cent. School Dist., 174 AD2d 704 [1991]).

Foti v. Town Board of Town of Amherst

242 A.D.2d 918 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1997

Sanford v. Colgate University

36 A.D.3d 1060 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 2007

Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 303 [2001]; Griffin v Anslow, 17 AD3d 889, 891 [2005]). … Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, supra at 303; Griffin v Anslow, supra at 891 ).

Carey v. New York State Human Rights Appeal Board

61 A.D.2d 804 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1978

Reed, 404 US 71 ; Bowe v Colgate-Palmolive Co., 416 F2d 711; Matter of Button v Rockefeller, 76 Mise 2d 701; City of Philadelphia v Pennsylvania Human Relations Comm., 7 Pa Commw 500). … Board of Educ., 51 AD2d 81, 83 ).

Civil Service Employees Ass'n v. Public Employment Relations Board

132 A.D.2d 430 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1987

(CSEA), who was found by respondent Public Employment Relations Board (PERB) to be grossly negligent, constitutes a breach of CSEA’s duty of fair representation and is thus a violation of Civil Service Law § 209-a (2). … Sipe, 109 AD2d 1034, 1035 , revd on dissenting opn below 67 NY2d 928 ; see also, Baker v Board of Educ., 70 NY2d 314 ).

Town Board of Town of Southampton v. R.K.B. Realty, LLC

91 A.D.3d 628 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2012

.; McCain v Dinkins, 84 NY2d at 226 ; Dalessio v Kressler, 6 AD3d 57, 66 [2004]). Moreover, criminal contempt must be proven beyond a reasonable doubt (see Muraca v Meyerowitz, 49 AD3d 697, 698 [2008]). … Preserv. & Dev. of City of N.Y. v Deka Realty Corp., 208 AD2d 37, 45 [1995]; see also 317 W. 87 Assoc. v Dannenberg, 170 AD2d 250, 250 [1991]).

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.

Brown v. New York City Housing Authority

271 A.D.2d 631 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2000

issue of fact was raised in opposition to the prima facie showing by the NYCHA that at least one elevator was working when the paramedics arrived and, thus, that the alleged dangerous condition did not exist (see, Pacht v … Machs., 228 AD2d 422 ; Morales v Hefran Realty Co., 202 AD2d 407 ). Mangano, P. J., Bracken, S. Miller and Goldstein, JJ., concur.

Mamaroneck Village Tile Distributors, Inc. v. Workers' Compensation Board

68 A.D.3d 1423 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 2009

On September 12, 2008, an investigator for the Workers’ Compensation Board, Glenn Muller, inquired at Mamaroneck Village Tile Distributors, Inc. as to whether the company had workers’ compensation insurance. … Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]; see Matter of Howell v Langie Fuel Serv., 241 AD2d 568, 570 [1997]; Matter of Manning v Niagara Mohawk Power Corp., 233 AD2d 803, 804 [1996], lv dismissed 89 NY2d

Board of Education v. Sargent, Webster, Crenshaw & Folley

128 A.D.2d 1024 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1987

Gorey v. Board of Education

239 A.D.2d 902 · Appellate Division of the Supreme Court of the State of New York · May 30, 1997

City of Albany, 70 NY2d 193, 202-203 ; Solnick v Whalen, 49 NY2d 224, 229-233 ). … Hess, 107 AD2d 779, 781-782 , affd, 65 NY2d 730 , cert denied 474 US 995 ; Matter of Carter v Murphy, 80 AD2d 960 ).

Lipsman v. New York City Board of Education

133 A.D.2d 810 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1987

The Supreme Court apparently assumed that in determining an appeal, an administrative agency, like an appellate court, is limited by the record on appeal (see, Di Blasi v Caldara, 123 AD2d 738 ). … , it may not usurp the administrative function by directing the agency to proceed in a specific manner, which is within the jurisdiction and discretion of the administrative body in the first instance” (Burkes Auto Body v

Michael Bloom v. Town Board of Town of Yorktown

88 A.D.2d 895 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1982

Judgment reversed, on the facts, without costs or disbursements, and it is declared that the zoning resolution of April 6,1971 was not legally adopted (Bloom v TownBd. of Town of Yorktown, 80 AD2d 823 ). … extent of holding that plaintiffs’ claim of illegal adoption as it pertained to the zoning resolution of April 6, 1971, was correct and remitted the matter to Special Term for consideration of the laches defense (Bloom v