Case law

Hunt v. Board of Fire Commissioners

68 Misc. 2d 261 · New York Supreme Court · Nov 29, 1971

S. 367 ; Bates v. Little Rock, 361 U. S. 516 ; Beilan v. Board of Educ., 357 U. S. 399 ; Slochower v. Board of Educ., 350 U. S. 551 ; Birnbaum v. Trussell, 371 F. 2d 672 ; Bagley v. Washington Township Hosp. … Rev. at pp. 1449, 1462; and see Matter of Di Maggio v. Brown, 19 N Y 2d 283, 287).

Sipala v. Zoning Board of Appeals

2 Misc. 2d 1048 · New York Supreme Court · Feb 14, 1956

Service was made on the clerk of the respondent board on January 6, 1956, 32 days after the filing of the decision. … Justice Eder of this court in Matter of Brown v.

Hines v. State Board of Parole

181 Misc. 274 · New York Supreme Court · Jul 9, 1943

On this application, pursuant to article 78 of the Civil Practice Act, to review a determination of the Board of Parole, the respondent moves to dismiss on the sole ground that the determination of the Board of Parole is … (See, for example, Matter of Dodd v. Martin, 248 N. Y. 394 ; Matter of Cropsey v. Tiernan, 172 App. Div. 435 ; Matter of Bennett v. Merritt, 173 Misc. 355 .)

Haynal v. Board of Regents

61 Misc. 2d 268 · New York Supreme Court · Nov 24, 1969

Board of Regents has an inherent power to correct an error or mistake even after a license has been issued. In People ex rel. Finnegan v. McBride ( 226 N. … (Matter of Hecht v. Monaghan, *271 307 N.

Rumble v. Board of Education

27 Misc. 2d 939 · New York Supreme Court · Feb 20, 1961

Furthermore, the Board of Education not being a municipal corporation within the meaning of statute authorizing actions similar to the instant one, the respondent is not amenable to a taxpayer’s suit (Schnepel v. … Board of Educ. of City of Rochester, 302 N. Y. 94 ; Cash v. Board of Educ. of City of N. Y., 201 N. Y. S. 2d 170; General Municipal Law, §§ 2, 51). The motion is denied and the petition is dismissed.

Eber v. Board of Elections

80 Misc. 2d 334 · New York Supreme Court · Jun 11, 1974

The Supreme Court in the case of McDonald v. Board of Election ( 394 U. S. 802 ), held that the State has the right to proscribe methods for absentee voters. … The Supreme Court in the case of McDonald v. Board of Election (supra) has indicated that the -State Legislature should be allowed to reform their election statutes at one step at a time.

Perry v. Board of Education

36 Misc. 2d 871 · New York Supreme Court · Oct 18, 1962

The voters of his school district having defeated a proposal to provide transportation for a greater distance than 10 miles, petitioner seeks by this proceeding to require the School Board to provide transportation for the

Corning v. Board of Elections

113 Misc. 2d 707 · New York Supreme Court · Aug 2, 1982

The petition further seeks an order directing the Boards of Elections in said counties to keep the polls open for voting in the aforesaid primary election from the hours of 6:00 a.m. until 9:00 p.m. … (Illinois Elections Bd. v Socialist Workers Party, 440 US 173,184 .) Thus, in order to meet constitutional requirements, the challenged statute must serve a compelling interest (Storer v Brown, 415 US 724, 736 ).

Battaglia v. Board of Education

3 Misc. 2d 214 · New York Supreme Court · May 22, 1956

Brown, Jr., J. Application under section 50-e of the General Municipal Law for leave to serve a notice of claim upon the Board of Education after the expiration of the statutory period. … (Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915 , affd. 303 N. Y. 646 .) In either case an infant thirteen years of age has not the mental capacity to protect his or her rights.

Carpenter v. Board of Education

130 Misc. 2d 474 · New York Supreme Court · Dec 12, 1985

(Ricca v Board of Educ., 47 NY2d 385, 391 [1979].) … (Matter of Weinbrown v Board of Educ., supra.)

Board of Education v. Anderson

140 Misc. 2d 1088 · New York Supreme Court · Aug 12, 1988

Youth Soccer Assn. v New York State Pub. High School Athletic Assn., 67 NY2d 665, 667 [1986].) … (James v Board of Educ., 42 NY2d 357 [1977].) The responsibility for resolving the issues raised in this case lies *1091 with the Commissioner of Education, pursuant to Education Law § 310 (7).

Hiney v. Teachers' Retirement Board

182 Misc. 147 · New York Supreme Court · Apr 15, 1944

from his salary while in the employ of the Board of Education as a teacher. … Justice McCook said in Harris v. Board of Education Retirement System of the City of New York (N. Y. L. J., April 19, 1940, p. 1782, col. 2, affd. without opinion 261 App.

Le Couteulx v. Board of Supervisors

7 Barb. 249 · New York Supreme Court · Sep 3, 1849

Lynch v. Board of Assessors

163 Misc. 2d 703 · New York Supreme Court · Dec 12, 1994

As stated by Justice Ingrassia in Cippolone v City of White Plains (NYLJ, July 8, 1991, at 27, cols 2, 3, affd sub nom. … (Matter of AT&T Information Systems v. Donohue, 113 AD2d *705 395, 400 .)” (Cippolone v City of White Plains, supra, at 27, col 3.)

Bush v. Planning Board of Albany

105 Misc. 2d 168 · New York Supreme Court · Sep 12, 1980

Respondents cite Matter of Gruner v Haefeli ( 12 AD2d 838, 839 ) in which the Appellate Division, Third Department held: “A town board is authorized under section 271 of the Town Law to create a planning board and section … In referring to section 277 in Matter of Brous v.

Hinna v. Board of Appeals

11 Misc. 2d 349 · New York Supreme Court · Dec 31, 1957

In 1954 subdivision (g) of section X-1.14 was added, allowing hotels, lodging and boarding houses, auto courts and/or motels in a Business District ‘ ‘ when permitted as a special exception by the Town Board”. … No one should be permitted to found any claim upon his own inequity (Gray v. Met Contr. Corp., 4 A D 2d 495, 497). Accordingly the application is denied and the petition dismissed.

Lippold v. Board of Education

67 Misc. 2d 499 · New York Supreme Court · Aug 18, 1971

Board of Educ., 21 N Y 2d 455; Matter of Glass v. Board of Educ., 21 A D 2d 891, affd. 16 N Y 2d 982; Matter of Kobylski v. Agone, 37 Misc 2d 255 , affd. 19 A D 2d 761). … Collins, 11 N Y 2d 228; Matter of Gross v. New York City Alcoholic Beverage Cont. Bd., 7 N Y 2d 531; Matter of Hines v. La Guardia, 293 N. Y. 207 ; Matter of Cherry v. Board of Regents, 289 N.

Gerling v. Board of Zoning Appeals

11 Misc. 2d 84 · New York Supreme Court · Oct 28, 1957

Board of Appeals, 301 N. Y. 215 ; Y. W. H. Assn. v. Board of Standards and Appeals, 266 N. Y. 270 ; Matter of Clark v. Board of Zoning Appeals, 301 N. Y. 86 ; Matter of Hickox v. Griffin, 298 N. … Y. 365 ; Matter of Freitag v. *92 Marsh, 280 App. Div. 934 ; Matter of North Titus Residential Assn. v. Board of Appeals, 205 Misc. 518 ; Matter of Stillman v. Board of Standards & Appeals, 222 App.

Swiderski v. Board of Education

95 Misc. 2d 931 · New York Supreme Court · Sep 5, 1978

Blum v. Board of Zoning & Appeals

8 Misc. 2d 403 · New York Supreme Court · Jul 1, 1957

made after hearings commencing on April 6, 1955 (see Matter of Blum v. … Board of Zoning & Appeals, 1 Misc 2d 668 ).