Case law

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.

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 .)

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.

Fonseca v. Board of Education

58 Misc. 2d 223 · New York Supreme Court · Sep 23, 1968

Installation Co. v. Board of Educ., 20 Misc 2d 286 [Sup. Ct., Suffolk County, 1959].) … (Matter of Kayfield Constr. v. Morris, 15 A D 2d 373,379 [1st Dept., 1962].) It is this court’s determination that the respondent board’s action was neither arbitrary nor capricious.

Pascal v. Board of Education

115 Misc. 2d 154 · New York Supreme Court · Aug 6, 1982

In a situation somewhat similar to this case (Ricca v Board of Educ., 47 NY2d 385, 394 ), the Court of Appeals permitted crediting substitute service as follows: “Alternatively, respondents suggest that petitioner’s service … Board of Educ., 58 AD2d 645 ; Matter of Murphy, 8 Ed Dept Rep 101).

Krehely v. Board of Appeals

65 Misc. 2d 458 · New York Supreme Court · Jan 26, 1970

There was no evidence offered to show and no finding made that “the public health, safety and welfare will be served” (Matter of Fulling v.

Spiegel v. Board of Assessors

75 Misc. 2d 105 · New York Supreme Court · Jul 25, 1973

Copies of these audits made by respondent shall be made available to each of these petitioners when completed (Matter of Pherbo Realty Corp. v. Board of Assessors, Index No. 11526/64, Calendar No. … S. 2541, Sept. 11, 1967; Georgian Web Offset Co. v. Board of Assessors, Index Nos. 4216/73, 11909/71 and 13075/72, April 12, 1973).

Brock v. Board of Education

194 Misc. 689 · New York Supreme Court · Feb 8, 1949

Div. 728 ); also that local laws passed by the City of New York have no application to employees of the board of education (Matter of Ragsdale v. Board of Education of City of N. Y., 282 N. Y. 323 ; Eriksen v. … Board of Education of City of N. Y., supra; Matter of Nelson v. Board of Higher Education of City of N. Y., supra; City Home Rule Law, § 21, subd. 3).

Koltun v. Board of Education

25 Misc. 2d 294 · New York Supreme Court · Mar 8, 1960

Thurston v. Board of Town Auditors ( 82 N. … Clapp v. Listman, 40 Misc. 372, 375-376 .) But it is well settled that the Board of Education has the right and duty to audit (Matter of Brennan v. Board of Educ., 245 N.

Schoening v. Board of Education

8 Misc. 2d 957 · New York Supreme Court · Nov 29, 1957

Board of Educ. of City of N. Y., 300 N. Y. 21, 31 ). As was held in the Matter of Shapiro v. Board of Educ. of City of N. Y. ( 250 App. … (Matter of Park East Land Corp. v. Finkelstein, 299 N. Y. 70 .) Submit order.

Anderson v. Board of Education

77 Misc. 2d 904 · New York Supreme Court · Mar 19, 1974

Board of Educ., 42 A D 2d 591; Matter of Tischler v. Board of Educ., 37 A D 2d 261, supra; Matter of Brown v. Board of Educ., 76 Misc 2d 923 ). … Subsequently, in Matter of Brown v.

Neville v. Board of Health

21 N.Y.S. 574 · New York Supreme Court · Sep 15, 1892

Miller v. Board of Assessors

164 Misc. 2d 62 · New York Supreme Court · Jan 31, 1995

(Matter of Rotblit v Board of Assessors, 121 AD2d 727 [2d Dept 1986], quoting Bergman v Thorne, supra.) … (Matter of Rotblit v Board of Assessors, supra.)

O'Connor v. Board of Education

65 Misc. 2d 40 · New York Supreme Court · Dec 18, 1970

Board of Examiners of Bd. of Educ. of City of N. Y., 274 N. Y. 367, 374 ; Matter of Lombardo v. Board of Higher Educ. of City of N. Y., 18 A D 2d 444, 447-448, affd. 13 N Y 2d 1097). … A party is not permitted, as it is said, to amend its hold (Littlejohn v. Shaw, 159 N. Y. 188,191 ; Brink v. Hanover Fire Ins. Co., 80 N. Y. 108,113 ).

Horan v. Board of Appeals

6 Misc. 2d 571 · New York Supreme Court · May 10, 1957

Respondent board cross-moves to dismiss the petition for legal insufficiency. … Lashins Inc. v. Griffin, 132 N. Y. S. 2d 896; Bayport Civic Assn. v. Koehler, 138 N. Y. S. 2d 524.)

Ladson v. Board of Education

67 Misc. 2d 173 · New York Supreme Court · Aug 2, 1971

(See Schwartz v. Schuker, 298 F. Supp. 238 .) … (Education Law, § 1709, subd. 2; Matter of Scott v. Board of Educ., 61 Misc 2d 333 .)

Primps v. Board of Education

63 Misc. 2d 931 · New York Supreme Court · Jul 7, 1970

The respondents, who are members of the Board of Education, defend upon two grounds. … Relevant to the issue before this court are the decisions in Board of Educ. v. Rickard (32 A D 2d 135) and Matter of O’Connor v. Emerson ( 196 App. Div. 807, 810 ).

Board of Education v. Regan

131 Misc. 2d 514 · New York Supreme Court · Mar 26, 1986

The respondent, as chief financial officer of the State, is attempting to audit New York City Board of Education’s (Board) Attendance Improvement and Drop-Out Prevention Program (AIDPP) for the fiscal year 1984-1985. … (NY Const, art V, § 1; State Finance Law § 8 [2]; General Municipal Law art 3.)

Wood v. Board of Supervisors

9 N.Y.S. 699 · New York Supreme Court · Apr 11, 1890

That decision had, as was supposed, the support in principle of the case of Bank v. Board, 106 N. Y. 488 , 13 N. E. … Price v. Price, 33 Hun, 432 ; Marquat v. Marquat, 12 N. Y. 336 ; Syracuse Sav. Bank v. Syracuse, etc., Railroad Co., 88 N. Y. 110 ; Smith v. Rathbun, Id. 660.

Maloney v. Board of Elections

193 Misc. 242 · New York Supreme Court · Oct 12, 1948

Theodore Brewer, obtained an order, dated that day, under section 330 of the Election Law, directing the board of elections to show cause why an order should not be made requiring the board to place the names of the three … his prayer in the petition on which the order was issued is that the board be required to certify him as the nominee of the American Labor Party.