Case law

Brown v. AMF Inc.

124 Misc. 2d 964 · New York Supreme Court · Dec 23, 1983

As long as the information is reasonably calculated to lead to evidence which is admissible, it is disclosable (see Wilson v McCarthy, 57 AD2d 617 ; Johnson v New York City Health & Hosps. Corp., 49 AD2d 234 ). … (See Bertocci v Fiat Motors, 76 AD2d 779 ; Johantgen v Hobart Mfg. Co., 64 AD2d 858 ; Carnibucci v Marlin Firearms Co., 51 AD2d 1067 .)

Osborne v. Board of Estimate

15 Misc. 2d 250 · New York Supreme Court · Oct 30, 1958

On June 15,1956, effective July 1,1956, the Board of Estimate of the City of New York adopted a resolution approving 11 Leave Regulations for Employees who are under the Career and Salary Plan ’ ’. … I construe ‘1 regular holidays with pay” as days of celebration to which the Board of Estimate has given its formal recognition, to be taken off without pay deduction to the employee.

Gordon v. Board of Education

52 Misc. 2d 175 · New York Supreme Court · Oct 11, 1966

Board of Higher Educ., 5 N Y 2d 430, 443). … In Nilsson v. State Personnel Bd. ( 36 Cal.

Claffy v. Board of Supervisors

193 Misc. 449 · New York Supreme Court · Jul 19, 1948

In Mat *452 ter of Thomas v. Wells ( 288 N. … See Matter of Kane v. Gaynor, 144 App. Div. 196, 206, 207 , affd. 202 N. Y. 615 .)

Board of Education v. Nyquist

60 Misc. 2d 99 · New York Supreme Court · Jun 16, 1969

Butcher v. Board of Education

99 Misc. 2d 470 · New York Supreme Court · Apr 26, 1979

It follows, therefore, that there was no statutory prohibition against the school board maintaining him as a teacher or paying him with funds appropriated for that purpose. … (Board of Educ. v Rickard 32 AD2d 135, 137, 138 ; see, also, Bailey v McDougall, 66 Misc 2d 161, 163 .) The petition is granted.

Morales v. Board of Education

125 Misc. 2d 310 · New York Supreme Court · Aug 27, 1984

Such a determination necessarily depends upon whether Lawson can demonstrate an infringement upon his constitutionally protected rights of liberty and property (see Board of Regents v Roth, 408 US 564 ; Wisconsin v Constan … (Sutton v East Riv. Sav. Bank, 55 NY2d 550 .)

Dombroske v. Board of Education

118 Misc. 2d 800 · New York Supreme Court · Apr 18, 1983

Upon such a dismissal motion we must accept as true the factual allegations of the petition (Underpinning & Foundations Constructors v Chase Manhattan Bank, 46 NY2d 459 ). … prior violation of the Open Meetings Law does not taint a subsequently held legal meeting at which the questioned action is taken, but rather that the subsequent legal meeting may cure the prior illegality (Matter of Woll v

Aster v. Board of Education

72 Misc. 2d 953 · New York Supreme Court · Dec 29, 1972

Petitioner cites the recent case of Board of Regents v. Roth ( 408 U. S. 564 ), in support of her position. … (See Matter of Butler v. Allen, 29 A D 2d 799; Matter of Pinto v. Wynstra, 22 A D 2d 914; Matter of McMaster v. Owens, 275 App. Div. 506 ; and Matter of High v. Board of Educ. of Union Free School Dist.

Mapley v. Board of Education

13 Misc. 2d 88 · New York Supreme Court · Feb 26, 1958

(Wickham v. Berrigan, 3 Misc 2d 636 ; Becker v. Woodcock, 136 App. Div. *91 589 .) … (Boutelle v. Central School Dist. No. 1, 2 A D 2d 925; Teresta v. City of New York, 304 N. Y. 440 ; Matter of Baker [Board of Educ.], 309 N. Y. 551 .)

Parolisi v. Board of Examiners

55 Misc. 2d 546 · New York Supreme Court · Dec 19, 1967

V, § 6). … Torasco v. Watkins, 367 U. S. 488 ; Spevack v. Klein, 385 U. S. 511 ; Keyishian v. Board of Regents, 385 U. S. 589 ).

Glass v. Board of Education

39 Misc. 2d 761 · New York Supreme Court · Jun 20, 1963

To acquire tenure the appointment must be valid (Matter of Ebling v. New York State Civ. Serv. Comm., 305 N. Y. 221 ; Palmer v. Board of Educ., 276 N. Y. 222 ; People ex rel. Hannan v. … Board of Health of City of Troy, 153 N. Y. 513 ; Peck v. Belknap, 130 N. Y. 394 ).

Scott v. Board or Education

61 Misc. 2d 333 · New York Supreme Court · Nov 18, 1969

That being so, there was no necessity for her to seek administrative relief at all, whether from the board or the Commissioner (see Vernon Park Realty v. City of Mount Vernon, 307 N. Y. 493 ; Matter of Lombardo v. … Board of Educ., of City of N. Y., 18 A D 2d 444, affd. 13 N Y 2d 1097; Matter of Buffalo Audio Center Arrolite Co. v. Union Free School List., 29 Misc 2d 871 , affd. 15 A D 2d 991.)

Cosme v. Board of Education

50 Misc. 2d 344 · New York Supreme Court · May 13, 1966

As to the legal proposition involved, it is clear that under the law the Board of Education has the right to establish the procedure — under General Circular No. 11, 1964-1965 — relating to pupil suspension (see Education

Lapolla v. Board of Education

195 Misc. 651 · New York Supreme Court · May 17, 1949

The occasion of the enactment and the policy which dictated it is to be considered (Matter of Bowne v. Bowne Co., 221 N. … (Brown v. Mayor of City of N. Y., 63 N. Y. 239, 244 .)

Board of Education v. Sobol

160 Misc. 2d 539 · New York Supreme Court · Mar 4, 1994

(Oberti v Board Of Educ., 995 F2d 1204, 1209, n 6 [citation omitted] [3d Cir 1993]; Roncker v Walter, 700 F2d 1058 [6th Cir], cert denied 464 US 864 [1983].) … (See, Oberti v Board of Educ., 995 F2d 1204, 1215, n 21, supra.) The record before the SRO supports the determination rendered; and since there is a rational basis therefor, this court will not interfere therewith.

Franck v. Board of Education

33 Misc. 2d 754 · New York Supreme Court · Apr 12, 1962

Justice Brown ( 33 Misc 2d 1075 ) nullifying the prior and similar actions of the respondents. The Board of Education will hereinafter be referred to as Board, and the Teachers’ Retirement System as Retirement. … statutory requirements, Administrative Code, and its by-laws. ’ ’ Reference is then made to section 2568 of the Education Law and the court ruled that based upon that section (Matter of Groad v.

Board of Supervisors v. Bristol

58 How. Pr. 3 · New York Supreme Court · Sep 15, 1879

Tallmadge v. Board of Supervisors

21 Barb. 611 · New York Supreme Court · Feb 15, 1856

This, of course, was but a mere matter of com *616 putation, to be performed, not by the board of supervisors, but by some clerk to be employed by the board, or under its direction. … the board of supervisors.

Kessel v. Board of Supervisors

90 Misc. 2d 574 · New York Supreme Court · Mar 16, 1977

One further point, the guidelines as to whether a meeting is a "formal convening” are the rules of the governing body itself, the board of supervisors (Matter of Anderson v Krup sak, 40 NY2d 397, 404-405 ). … In its Resolution No. 2, 1938, and rules thereunder, regular meetings of the board of supervisors shall be held each Monday at 11:00 a.m. after one week prior public notice.