Case law

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.)

Board of Education v. Sandman

134 Misc. 456 · New York Supreme Court · May 23, 1929

(Gallagher v. Baird, [First Dept. 1900] 54 App. Div. 398 ; Murphy v. United States Fidelity & Guaranty Co., [1905] 100 id. 93; affd., without opinion, 184 N. Y. 543 ; Village of Canton v. … (See Ward v. Hudson River Building Co., [1891] 125 N. Y. 230 ; Hicks v. Monarch Cycle Mfg. Co., [1903] 176 id. 111; Seidlitz v. Auerbach, 230 id. 167, 173, 174; City of New York v.

Corsover v. Board of Examiners

59 Misc. 2d 251 · New York Supreme Court · Sep 17, 1968

In theory, that is a power which the Board of Examiners possesses if there is substance to the view. … Y. 559 ; Matter of Strauss v. Hannig, 256 App. Div. 662 , affd. 281 N. Y. 612 ). But that is not the situation here.

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.)

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.

Warner v. Board of Education

99 Misc. 2d 251 · New York Supreme Court · Mar 21, 1979

(Abood v Detroit Bd. of Educ., 431 US, at p 241 , supra; see, also, Railway Clerks v Allen, 373 US 113, 118 .) … Professions v Eson, 11 PERB par 3068, at p 3107, supra). . Defendant board of education has not joined in either motion for summary judgment, and did not appear in this matter. . So in original.

Mack v. Board of Appeals

7 Misc. 3d 607 · New York Supreme Court · Jan 21, 2005

Petitioners were not, however, required to appeal to the Board from the CEO’s determination, which accorded them all the relief they would have sought from the Board in such an appeal (cf., Parochial Bus Sys. v Board of Educ … Brokerage at 670 [insurance agent]; Reich v City of Reading, 3 Pa Commw at 519, 284 A2d at 320 ; Bonasi v Board of Adj. of Haverford Twp., 382 Pa 307, 115 A2d 225 [1955] [cosmetologist]; cf., Chase Scientific Research at

Messano v. Board of Education

68 Misc. 2d 658 · New York Supreme Court · Dec 13, 1971

Y. v. Board of Higher Educ., 67 Misc 2d 648 , mod. 38 A D 2d 524; North Salem Teachers Assn. v. Board of Educ., 67 Misc 2d 315, 317 ; Mahopac Teachers Assn. v. … Board of Educ., 67 Misc 2d 268 ; Board of Educ., Union Free School Dist. No. 6, Town of Babylon v. Amityville Teachers Assn., N. Y. L.

Virginia Iron, Coal & Coke Co. v. Brown

37 Misc. 2d 347 · New York Supreme Court · Nov 1, 1962

(Augstein v. Levey, 3 A D 2d 592, affd. 4 N Y 2d 791; Singer v. Carlisle, 26 N. Y. S. 2d 172, affd. 261 App. Div. 897 ; Gottfried v. Gottfried, 269 App. Div. 413 .)

Pierce v. Board of Education

125 Misc. 589 · New York Supreme Court · Jul 16, 1925

Section 314 of the Education Law provides: “ No board of education shall incur a district liability in excess of the amount appropriated by a district meeting unless such board is specially authorized by law to incur such … Brown tomorrow, prepare rough set of plans embodying the features upon which they agree and submit the same to this Board together with estimate of the expense for further consideration.”

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.

Wenger v. Workmen's Compensation Board

5 Misc. 2d 751 · New York Supreme Court · Oct 25, 1956

Plaintiff is a physician and is authorized to practice before the board. The daughter of the individual defendant was involved in an industrial accident. … Plaintiff’s remedy is adequate in the event of suit by any party in interest to recover the fee paid or in the event the board takes action.

Vaughn v. Board of Education

64 Misc. 2d 60 · New York Supreme Court · Sep 3, 1970

named in the petition and all others ‘1 similarly situated ’ ’ to register for and attend the public schools operated by the respondent board. … No. 6, Harrison v. Allen, 29 A D 2d 24; People v. Hendrickson, 125 App. Div. 256 , affd. 196 N. Y. 551 ).

Loewy v. Board of Education

170 Misc. 660 · New York Supreme Court · Mar 29, 1939

I referred to the appropriate procedure to be taken in these matters in Matter of Brady v. Board v. … In Louderback v. Board of Education ( 216 App. Div. 805 ; affd., 244 N. Y. 511 ) the ruling of the Commissioner of Education was adopted as res adjudicata.” The remaining issues require no further consideration.

Brown v. United States Daily Publishing Corp.

146 Misc. 539 · New York Supreme Court · Feb 17, 1933

(Palmer v. Chicago Evening Post Co., 85 Hun, 403 ; Palmer v. Pennsylvania Co., 35 id. 369.) In Tauza v. Susquehanna Coal Co. … Co. v. Spratley, 172 U. S. 602 ; Commercial Mutual Accident Co. v. Davis, 213 id. 245.)

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.

McElroy v. Board of Education

5 Misc. 3d 321 · New York Supreme Court · Aug 30, 2004

(Holt v Board of Educ. of Webutuck Cent. School Dist., 52 NY2d 625, 632 [1981]). … study hall supervision (Matter of Van Heusen v Board of Educ. of City School Dist. of Schenectady, 26 AD2d 721 [1966]) have been upheld as proper without any mention of the commencement of disciplinary proceedings.

Finn v. Teachers' Retirement Board

51 Misc. 2d 693 · New York Supreme Court · Sep 21, 1966

The applicable provision of the code, subdivision 1 of section B20-41.0, provides as follows: ‘ ‘ Any contributor may retire from service upon written application to such board setting forth at what time subsequent to the … Any action upon the part of the Board was unnecessary.” (Matter of *696 Creveling v. Teachers’ Retirement Bd., 255 N. Y. 364, 368 ; Matter of Rogalin v. New York City Teachers’ Retirement Bd., 290 N. Y. 664 .)

MacKechnie v. Board of Education

11 Misc. 2d 926 · New York Supreme Court · Apr 10, 1958

(Matter of Andresen v. Rice, 277 N. Y. 271 .) It may be denied even where a clear legal right is shown to exist. (Matter of Blade v. O’Brien, 264 N. Y. 272 .) … (Matter of Coombs v. Edwards, 280 N.

Manny v. Board of Education

9 Misc. 2d 452 · New York Supreme Court · Aug 9, 1957