Case law

Board of Education v. Ambach

81 Misc. 2d 864 · New York Supreme Court · Mar 3, 1975

In this CPLR article 78 proceeding the Board of Education of the City School District of the City of Poughkeepsie, New York (hereinafter Board) and three individual members of the five-man Board seek an order annulling a … On October 11, 1974 the Board met and directed the Board’s attorney to represent the three petitioners collectively as the Board majority, but took no action to designate counsel for the petitioners individually.

Adams v. Board of Supervisors

66 Barb. 368 · New York Supreme Court · Apr 1, 1873

The precise ground on which the complaint was dismissed-was, that the plaintiff’ s claim was one which by law must be presented to and passed on by the board of supervisors, and that it having been so presented, passed upon … If it does, this action cannot be maintained, as the claim must be presented and passed upon by the board of supervisors, and their action is final.

Rochester Trust & Safe Deposit Co. v. Brown

116 Misc. 184 · New York Supreme Court · Jul 15, 1921

George V. … Reynolds v. Robinson, 64 N. Y. 589 ; Leahy v. Campbell, 70 App. Div. 127 ; Bair v. Hager, 97 id. 358; Chambers v. Boyd, 116 id. 208.

Wells v. Board of Assessors

67 Misc. 2d 804 · New York Supreme Court · Nov 11, 1971

(Seif v. Long Beach, 286 N. Y. 382 .) Failure on the part of the petitioners to prove such payment and make the application within the statutory period constitutes an effective bar to such refunds at this late date.

White v. Board of Education

149 Misc. 324 · New York Supreme Court · Sep 27, 1933

(Lessin v. Board of Education, 247 N. Y. 503, 508, 509 .) No affirmative act of defendant brought the force into play. (O’Leary v. … (Malone v. Hathaway, 64 N. Y. 5 ; Lessin v. Board of Education, supra, p. 512; Whitcher v. Board of Education, 233 App. Div. 184 ; Am. L. Inst., Restatement of Torts, Tentative Draft No. 4, p. 107.)

Wood v. Board of Education

59 Misc. 605 · New York Supreme Court · Jun 15, 1908

It was held in the case of Moore v. Board of Education, 121 App. … Einigan v. Board of Education, 106 App. Div. 101 . 3.

Flacke v. Freshwater Wetlands Appeals Board

100 Misc. 2d 393 · New York Supreme Court · Jul 20, 1979

The court is aware of the standards for judicial review when *401 a CPLR 7803 (subd 3) question is before the court (see, e.g., Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of Stracquadanio v Department of Health … Y., 285 NY 93 ; Matter of Barton Trucking Corp. v O’Connell, 7 NY2d 299 ; Matter of Marsh v Hanley, 50 AD2d 687 ).

Board of Education v. Nyquist

78 Misc. 2d 544 · New York Supreme Court · Jun 24, 1974

Such decisions are final absent a showing of pure arbitrariness (Matter of Cochran v. Levy, 175 Misc. 666 , affd. 263 App. Div. 921 ; Matter of Vetere v. Allen, 15 N Y 2d 259; Matter of Board of Educ. of City of N. … Y. v. Allen, 6 N Y 2d 127). In entertaining appeals from rulings of Boards of Education, the Commissioner acts in a quasi-judicial manner.

Brand v. Teachers' Retirement Board

163 Misc. 217 · New York Supreme Court · May 25, 1937

Price v. Bingham, 125 App. Div. 722 ; Matter of Reynolds v. Bingham, 126 App. Div. 289 . … Matter of Hodgins v. Bingham (Court of Appeals, October 19, 1909), 196 N. Y. 123 .” (People ex rel. Cunningham v. Hayes, 122 N. Y. Supp. 104, 107 .)

Spano v. Board of Education

68 Misc. 2d 804 · New York Supreme Court · Jan 17, 1972

In emulation of Serrano v. … v.

Gordon v. Community School Board

83 Misc. 2d 941 · New York Supreme Court · Sep 19, 1975

, as required by the Rules and Regulations of the Board of Education of the City School District of New York governing grievances against Community School Boards or members”. … to the community school board or member(s) for proper resolution.

Goldhaber v. Board of Elections

55 Misc. 2d 111 · New York Supreme Court · Nov 14, 1967

(Matter of Robbins v. Chamberlain, 297 N. Y. 108 ; Matter of Reiner v. Board of Elections, 20 N Y 2d 865.) The studies carried out by petitioner are in furtherance of his teaching profession. This is his chosen career.

Gorsage v. Board of Education

72 Misc. 2d 443 · New York Supreme Court · Aug 8, 1972

It is the contention of the third-party plaintiff that the decision in Dole v. Dow Chem. … The Court of Appeals held in Kelly v. Long Is. Light. Co. (supra, p. 29): “Prior to our recent decision in Dole v. Bow Chem.

Johnson v. Board of Registration

69 Misc. 2d 914 · New York Supreme Court · Apr 26, 1972

qualified voter or watcher present and shall be challenged by any inspector or member of such board, if such inspector, or member of such board, shall have reason to suspect that the applicant is not entitled to be registered … or his name is on the challenge list and the board shall not know he is a qualified voter.”

Board of Education v. Nyquist

65 Misc. 2d 154 · New York Supreme Court · Dec 21, 1970

(Matter of Vetere v. Allen, 15 N Y 2d 259.) The board’s defense of laches which was summarily disposed of in the Commissioner’s decision, has no merit. … (Zaccaro v. Congregation Tifereth Israel of Forest Hills, 20 N Y 2d 77.) Further, the 30-day rule of practice pertaining to the appeal by the teacher intervenor respondents can be waived by the Commissioner.

Knauff v. Board of Education

57 Misc. 2d 456 · New York Supreme Court · Aug 16, 1968

Does this court have jurisdiction to direct that the burden of the child’s transportation be borne by respondent school board? … authority to direct a local school board to supply such transportation, as a matter of right.

Connolly v. Board of Assessors

51 Misc. 2d 975 · New York Supreme Court · Nov 3, 1966

Co. v. Donnelly (8 A D 2d 65, mot. for rearg. den. 8 A D 2d 999), wherein the Appellate Division, Fourth Department, directed the service of an answer.

Doran v. Board of Elections

47 Misc. 2d 633 · New York Supreme Court · Aug 25, 1965

In this proceeding pursuant to section 330 of the Election Law the petitioner prays for an order directing the Board of Elections of the County of Nassau to accept his petition for the office of City Judge of the City of

Board of Commissioners v. Spofford

47 How. Pr. 479 · New York Supreme Court · Jul 15, 1874

Wende v. Board of Supervisors

115 Misc. 250 · New York Supreme Court · Apr 15, 1921

Brown, J. Plaintiff challenges the power of the hoard of supervisors to fix the salary of the commissioner of charities and corrections of Erie county. … of any other board * * * notwithstanding any general or special law.”