Case law

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.

Smith v. Board of Education

178 Misc. 988 · New York Supreme Court · Jul 17, 1942

(Matter of Wolf v. Delaney, 266 N. Y. 262 ; Matter of Clancy v. Halleran, 263 id. 258.) … Law, § 22, subd. 1; Matter of McNamara v. Holling, 282 N. Y. 109 .)

Gigante v. Board of Elections

63 Misc. 2d 290 · New York Supreme Court · May 25, 1970

(Election Law, § 369; Matter of O’Connor v. Power, 22 N Y 2d 772.) From both a legal and equitable standpoint, it would seem that petitioner must prevail. … (Election Law, § 150; see Matter of Roosevelt v. Power, 22 Misc 2d 1074 , revd. 10 A D 2d 943, revd. 8 N Y 2d 869; Matter of Curtiss, 140 Misc. 185 ; Matter of Sumner, 102 N. Y. S. 2d 478.)

Prudential Insurance Co. of America v. Brown

30 Misc. 2d 147 · New York Supreme Court · Apr 19, 1951

Co. v. Miller, 17 Misc 2d 532 ). … Co. v. Pomerantz, 246 N. Y. 63 , supra; Metropolitan Life Ins. Co. v. Blum, 7 A D 2d 488).

Thacher v. Board of Supervisors

47 N.Y.S. 124 · New York Supreme Court · Aug 15, 1897

People v. Board of Sup’rs of Steuben Co., 146 N. Y. 107 , 40 N. E. 738 . … People v. Board of Sup’rs of Steuben Co., supra.

Wilson v. Board of Supervisors

152 Misc. 645 · New York Supreme Court · Aug 10, 1934

Root v. Board of Supervisors, 146 N. Y. 107, 112 .) … (Matter of Town of Nichols v. County of Tioga, 130 Misc. 217 .) Under section 47 of the Highway Law the town superintendent may not be called upon to act in this instance.

Board of Education v. Dibble

136 Misc. 171 · New York Supreme Court · Mar 20, 1930

Y. 380 ; Matter of Reif v. Schwab, 204 App. Div. 50 .) Any changes made in the items by the board of estimate and apportionment are advisory only. … (Matter of Fleischmann v. Graves, 235 N. Y. 84 .) I conclude, therefore, that the salaries in controversy were lawfully fixed by the board of education. That body had the right to fix them.

Jewish Board of Family & Childrens Services Inc. v. Zoning Board of Appeals

141 Misc. 2d 874 · New York Supreme Court · Mar 4, 1986

(See also, Group House v Board of Zoning & Appeals, 45 NY2d 266 .) The group home is not a "non-conforming use” as respondent urges but a legally permitted one. … (Cf., Matter of Baskin v Zoning Bd. of Appeals, 40 NY2d 942 , revg 48 AD2d 667 .) The Board was in error in sustaining the building inspector’s unreasonable interpretation of the ordinance.

United States Title Guaranty Co. v. Brown

86 Misc. 287 · New York Supreme Court · Jun 15, 1914

United States Title Guaranty Co. v. Brown, 158 App. Div. 542 . Much might be written upon the subject, but it is unnecessary. … Irwin v. Curie, 171 N. Y. 409 ; Bernard v. Fromme, 132 App. Div. 922 ; Duval v. Wellman, 124 N. Y. 156 .

Novick v. Workmen's Compensation Board

69 Misc. 2d 1046 · New York Supreme Court · Oct 20, 1969

F.’s, Inc. v. McKenzie, 269 App. … Catering Corp. v.

Fallarino v. Board of Education

160 Misc. 2d 682 · New York Supreme Court · Mar 17, 1994

Donovan v. Board of Elections

67 Misc. 2d 460 · New York Supreme Court · Sep 28, 1971

Beardsley v. Kilmer, 200 App. Div. 378, 383 , affd. 236 N. Y. 80 ). The behavior he refers to is the antithesis of conspiracy. … In Matter of McQuinness *463 v.

Pantaleo v. Board of Education

46 Misc. 2d 334 · New York Supreme Court · Mar 24, 1965

Rep. 44; Matter of Boyd v. Collins, 11 N Y 2d 228; Madison v. Gross, N. Y. L. J., Dec. 16, 1964, p. 15, col. 3; Matter of Brown v. Board of Educ., 44 Misc 2d 466 ). … In theory, such a leave of absence could constitute an effective severance of indefinite duration. *336 The facts in Matter of Brown v. Board of Educ.

Curlette v. Board of Supervisors

19 Misc. 2d 161 · New York Supreme Court · Oct 1, 1959

This court may not and will not control the legislative functions of the Board of Supervisors. Where the power of decision is conferred upon a legislative body the judiciary cannot interfere (Bacon v. Miller, 247 N. … Y. 643 ; Nichols v. MacLean, 101 N. Y. 526 ; Greene v. Knox, 175 N. Y. 432 .)

Bogert v. Board of Education

44 Misc. 10 · New York Supreme Court · Jun 15, 1904

Callahan v. Board of Education, 174 N. Y. 169 ). … The city superintendent of schools had no power to remove him or prevent him from teaching in his grade, and he is entitled to recover for the breach of his contract of employment, (Steinson v.

Harvey v. Board of Elections

138 Misc. 837 · New York Supreme Court · Sep 16, 1929

Petitioner asks for an order directing the board of elections of the city of New York to continue in office all election officials of the Republican party heretofore regularly appointed in the borough of Queens. … Section 45 of the Election Law provides, among other things, as follows: “In cities of the first class, it shall be the duty of the board or mayor making the appointment of an election officer, to remove forthwith such officer

Brown-Brand Realty Co. v. Saks & Co.

126 Misc. 336 · New York Supreme Court · Jan 15, 1926

(First National Bank v. Tyson, 133 Ala. 459 ; Anisfield Co. v. Grossman & Co., 98 Ill. App. 180 ; Field v. Barling, 149 Ill. 556 ; Dill v. Board of Education, 47 N. J. Eq. 421.) … (Ackerman v. True, 175 N. Y, 353; McMillan v. Klaw & Erlanger Co., *340 107 App. Div. 407 ; Bradley v. Degnon Contr. Co., supra; Broadbelt v. Loew, 15 App. Div. 343, 346 ; affd., 162 N. Y. 642 ; Matter of Kahabka v.

Construction Management Corp. v. Brown & Root, Inc.

41 Misc. 2d 864 · New York Supreme Court · Jan 7, 1964

(United States v. Tucker Truck Lines, 344 U. S. 33, 36-37 [1952].) The statement by the Court of Appeals for the Second Circuit in United States v. Hamden Co-Op. … Article 22 [the ‘ Disputes ’ clause], it is now too late for it to assert that the Board could not decide the factual issues presented in appellant’s dispute with the G-overnment.

Giangrande v. Board of Education

44 Misc. 2d 762 · New York Supreme Court · Nov 25, 1964

Donovan, 40 Misc 2d 744 ; Bailey v. Richardson, 182 F. 2d 46 , affd. 341 U. S. 918 ). As stated in Warner v. … Board of Education (14 A D 2d 300, 303, affd. 12 N Y 2d 924): ‘ ‘ And she does not have the civil service tenure of a regular teacher.

Taylor v. Board of Education

184 Misc. 210 · New York Supreme Court · Feb 5, 1945