Case law

Kokomo Straw Board Co. v. Inman

5 N.Y.S. 888 · New York Supreme Court · May 24, 1889

Tim v. Smith, 93 N. Y 91.

Bradlow v. Board of Elections

144 Misc. 2d 793 · New York Supreme Court · Aug 14, 1989

Biller which were previously ruled invalid by the Board of Elections. For his part, Mr. … In rendering its decision in Krueger v Richards (supra), the Court of Appeals did not disapprove of the holding in Halloway v Blakely (supra); it merely noted that the facts in Krueger did not demonstrate the type of "unique

Ambrosio v. Zoning Board of Appeals

196 Misc. 1005 · New York Supreme Court · Oct 21, 1949

(Ottinger v. Arenal Realty Co., 257 N. Y. 371, 380 .) A building zone ordinance may empower a board of appeals to attach conditions to a variance. (Matter of Reed v. Board *1009 of Standards & Appeals, 255 N. … Even aside from this provision, the board has always had the power to reconsider where a new situation is presented (Matter of Reed v. Board of Standards & Appeals, 255 N. Y. 126, 133 , supra).

Brown v. Babcock Electric Carriage Co.

71 Misc. 549 · New York Supreme Court · Apr 15, 1910

The ease of Cedar Rapids Auto & Supply Co. v. Jeffrey & Co., 139 Iowa, 7 ; 116 N. W. 1054 , is in many respects similar to the ease at bar. The complaint must be dismissed upon the merits. Complaint dismissed.

Lee v. Board of Supervisors

62 How. Pr. 201 · New York Supreme Court · Nov 15, 1881

Certainly whatever is authorized by the statutes in respect to the collection of the judgments, to be done by the board of supervisors, can in no sense be denominated an “ illegal official act ” on the part of the board of … Certainly there has been no collusion between the creditors and the board of supervisors, or between the board of supervisors and any other person, or between the town and the creditor, or between the town and any other person

Davis v. Board of Elections

14 Misc. 2d 494 · New York Supreme Court · Sep 30, 1958

The fourth member of the board is deceased. His successor was not in being. The action of the board was unanimous. … Nothing in the cases cited (Matter of Burke v. Terry, 203 N. Y. 293 ; Matter of Hopper v. Britt, 204 N. Y. 524 ; Matter of Moore v. Walsh, 286 N. Y. 552 ) supports the position of petitioner.

Grotke v. Board of Supervisors

62 Misc. 2d 953 · New York Supreme Court · Mar 20, 1970

Board of Supervisors (27 A D 2d 346, 348 [3d Dept., 1967]) was modified by the Court of Appeals and 60 days were given the defendant board (Iannucci v. … It is useful “ solely as a temporary expedient ’ ’ (Matter of Graham v. Board of Supervisors of Erie County, 18 N Y 2d 672, 674; Franklin v. Mandeville, 26 N Y 2d 65).

Diocese of Rochester v. Planning Board

207 Misc. 1021 · New York Supreme Court · Jun 3, 1955

(Matter of Calcagno v. Town Bd. of Webster, 265 App. Div. 687 , affd. 291 N. Y. 701 ; Matter of Levy v. Board of Stds. & Appeals, 267 N. Y. 347 ; People ex rel. Hudson-Harlem Title & Mtge. Co. v. Walker, 282 N. … Since the record of proceedings before the boards is voluminous and complete, no trial of the alleged issues is required. (Matter of Reed v. Board of Stds. & Appeals, 255 N. Y. 126 ; Matter of Levy v.

Casino Free Tyre v. Town Board

51 Misc. 3d 665 · New York Supreme Court · Jan 29, 2016

(Webster Assoc. v Town of Webster, 59 NY2d 220, 227 [1983]; Matter of Laird v Town of Montezuma, 191 AD2d 986 [4th Dept 1993].) … (Matter of Jackson v New York State Urban Dev.

Board of Education v. Allen

64 Misc. 2d 379 · New York Supreme Court · Oct 17, 1970

To hold otherwise would result in a delegation by the courts to every local school board the responsibility and authority vested by statute in the Board of Regents and the Commissioner of Education. … (Matter of Vetere v. Allen, 15 N Y 2d 259, 267, supra.)

Rosen v. Public Employment Relations Board

128 Misc. 2d 628 · New York Supreme Court · Jun 5, 1985

of Fisher [Levine], 36 NY2d 146, 149-150 ; Matter of West Irondequoit Teachers Assn. v Helsby, supra, pp 50-51; Matter of Howard v Wyman, 28 NY2d 434, 437-438 ; Civil Service Law, §§ 200, 205).” … (Labor Bd. v Babcock & Wilcox Co., 351 US 105, 113 .)

Taber v. Board of Supervisors

14 N.Y.S. 211 · New York Supreme Court · Apr 16, 1891

McArdle v. Board of Estimate

74 Misc. 2d 1014 · New York Supreme Court · Aug 31, 1973

, it has been held that while an unsuccessful low bidder may maintain an article 78 proceeding to review the legality of the bidding process, this right is not granted one who did not bid (see Matter of Dictaphone Corp. v. … Corp. v. Cronin, 34 A D 2d 692; Matter of Barile v. City Comptroller of City of Utica, 56 Misc 2d 190 ).

Board of Education v. Wilson

199 Misc. 631 · New York Supreme Court · Mar 9, 1951

(Matter of *633 Camfield v. Mealy, 288 N. Y. 149 ; Matter of Fabricius v. Graves, 254 App. Div. 19 ; Matter of Craig v. Board of Educ. of City of N. Y., 173 Misc. 969 , affd. 262 App. Div. 706 ; People ex rel. … The constitutional limitation which formed the basis of the decision in Judd v. Board of Educ. ( 278 N. Y. 200 ) was removed by the adoption of the constitutional amendment (N. Y. State Const., art.

Nellis v. Brown-Leipe Gear Co.

128 N.Y.S. 756 · New York Supreme Court · Apr 3, 1911

Causullo v. Lenox Con. Co., 106 App. Div. 575 , 94 N. Y. Supp. 639 ; Bjork v. Post & McCord, 125 App. Div. 813 , 110 N. Y.

Celwyn Co. v. Board of Assessors

65 Misc. 2d 495 · New York Supreme Court · Feb 17, 1971

Supp., p. 305, citing Schuh v. State, 241 N. E. 2d 362 [Ind.].) … Beresford v. Sexton, 284 N. Y. 145 ).

Brown v. German American Insurance

10 N.Y. St. Rep. 412 · New York Supreme Court · Jul 1, 1887

Under the decision in Bodine v. Ins. Co. ( 51 N. Y., 117 ), we think Shelton and Keegan were agents of defendants and not of the plaintiff. … If the doctrine of Hitchkock v. Ins. Co. ( 26 N. Y., 68 ) is to be applied in this case, it may be argued that O’Connor had at all times an insurable interest in the property.

Town Board of Greece v. Murray

130 Misc. 55 · New York Supreme Court · Jul 15, 1927

The case involves the question of the liability of the town board of the town of Greece under the contract, and the rights of the several defendants. … The idea of a declaratory judgment was first officially suggested by the report of the Board of Statutory Consolidation to the Legislature in 1915, of which board John G. Milburn, Adelbert Moot and Charles C.

Brady v. The Board of Education

136 Misc. 1 · New York Supreme Court · Feb 18, 1930

Bergoffen v. … In Louderback v. Board of Education ( 216 App. Div. 805 ; affd., 244 N. Y. 511 ) *11 the ruling of the Commissioner of Education was adopted as res adjudicata. (See, also, Caldwell v.

Otis v. Board of Higher Education

199 Misc. 157 · New York Supreme Court · May 8, 1950

A similar excuse was offered and rejected in Matter of De Wyrall v. McNamara ( 198 Misc. 325 ). … Y. 543, 549 ; Wildey v. McElligott, 167 Misc. 101, 107 ).