Case law

Krope v. Board of Education of New York

18 A.D.2d 919 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1963

In a proceeding under article 78 of the Civil Practice Act by an assistant principal in the New York City public school system: (a) to restrain the respondent Board of Education of said city from conducting a physical and … Matter of Shulster v. Carney, 276 App. Div. 592 , 595). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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).

Strum v. Board of Education

277 A.D.2d 855 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1950

Downes v. Town of Southampton Zoning Board of Appeals

15 A.D.3d 398 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2005

Nursery v Planning Bd. of Town of Orangetown, 306 AD2d 283, 284 [2003]; Matter of Padavan v City of New York, 291 AD2d 561 [2002]; cf. … Matter of Manglaviti v Kozakiewicz, 6 AD3d 717 [2004]; Matter of Riley v Dowling, 221 AD2d 446 [1995]).

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 ).

Young Israel of Scarsdale v. Board of Standards & Appeals

39 A.D.2d 51 · Appellate Division of the Supreme Court of the State of New York · May 4, 1972

exceeded its jurisdiction (see Matter of Fayetteville Cemetery Assn. v. … Matter of Hopkins v. Board of Appeals of City of Rochester, 179 Misc. 325, 333 ; Anderson, Zoning Law and Practice in New York State, § 18.43; 8A McQuillin, Municipal Corporations, § 25.233).

Mabery v. New York State Board of Parole

219 A.D.2d 750 · Appellate Division of the Supreme Court of the State of New York · Sep 7, 1995

Petitioner, an inmate serving a term of 81h to 25 years in prison upon a 1974 conviction, challenges the refusal by respondent State Board of Parole to consider him for parole. … In any event, were we to consider the merits, we would find that the Board properly calculated petitioner’s parole eligibility date from the date petitioner was returned to New York in 1988. Mikoll, J.

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 ).

Charter Private Line, Inc. v. Board of Education

182 A.D.2d 758 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1992

The petitioner entered into a contract with the respondent, the Board of Education of the City of New York (hereinafter the Board) in 1979, whereby the petitioner would provide bus service for handicapped students. … The Board’s appeal from that order was dismissed by order of this court dated August 8,1989. Thereafter, the Board served an answer to the petition.

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

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]).

Lewis v. New York City Board of Education

216 A.D.2d 26 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1995

The pro se petitioner improperly added the Teachers’ Retirement System to the caption without court leave when she moved to "reargue” the court’s order dismissing her CPLR article 78 petition against the Board of Education … granted to add the Teachers’ Retirement System as a party since, as the IAS Court held in "adhering]” to its prior order, even if petitioner had included the Teachers’ Retirement System in her original petition against the Board

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

Walker v. New York State Board of Parole

218 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Aug 10, 1995

He contends, among other things, that the Board’s decision is arbitrary and capricious. We disagree. … Since these considerations are substantiated by the record, * we find no reason to disturb the Board’s decision. We have conside red petitioner’s remaining arguments and find them to be without merit. Mikoll, J.

Dayton T. Brown, Inc. v. O'Reilly

10 A.D.2d 731 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 1960

Stone v. Textile Examiners & Shrinkers Employers’ Assn., 137 App. Div. 655 ; Kemble & Mills of Pittsburgh v. Kaighn, 131 App. Div. 63 ; Reporters’ Assn. of America v. Sun Printing & Pub. Assn., 186 N. Y. 437 ). … Martin v. Curran, 303 N. Y. 276 ; Friedman & Co. v. Amalgamated Clothing Workers of Amer., 115 Misc. 44 ; Lubliner v. Reinlib, 184 Misc. 472 ). Nolan, P.

Block 496 Construction Corp. v. Board of Estimate

170 A.D.2d 505 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1991

In consolidated proceedings pursuant to CPLR article 78 to review (1) so much of a determination of the Board of Standards and Appeals of the City of New York dated January 10, 1989, as upon granting the petitioners’ application … the Board of Standards and Appeals, deleted the restrictions on the hours of entertainment and the condition with regard to the posting of a security guard.

Queens Borough Public Library v. Public Employment Relations Board

104 A.D.2d 993 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1984

The Appellate Division dismissed the proceeding as premature (Matter of Queens Borough Public Lib. v Public Employment Relations Bd., 83 AD2d 637 ). … Under the by-laws, the terms of the 19 board members are overlapping.

Obsession Bar & Grill, Inc. v. Zoning Board of Appeals

118 A.D.3d 1366 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2014

The amended judgment and order, among other things, determined that the decision of respondent Zoning Board of Appeals of City of Rochester limiting the weekday closing hours of petitioner Obsession Bar and Grill, Inc. is

Glenbriar Co. v. New York City Conciliation & Appeals Board

93 A.D.2d 510 · Appellate Division of the Supreme Court of the State of New York · May 19, 1983

CAB’s chief of the division of litigation pointed out in his affidavit: “The Board does not take lightly its deadlines for the submission of papers to Court. … While CAB’s excuse of an overloaded staff may be described by some as law office failure (Barasch v Micucci, 49 NY2d 594 ), under the circumstances of this case, we exercise our discretion (Miskiewicz v Hartley Rest.