Case law

Fresh Meadows Associates v. Conciliation & Appeals Board

88 Misc. 2d 1003 · New York Supreme Court · Apr 7, 1976

This is an article 78 proceeding wherein the petitioner seeks an order annulling or modifying a determination by the Conciliation and Appeals Board. … (Sherwood Assoc. v Conciliation & Appeals Bd., NYLJ, Sept. 22, 1971, p 2, col 3.)

Bloom v. Town Board of Yorktown

102 Misc. 2d 938 · New York Supreme Court · Feb 7, 1980

Co. v Bear ( 35 AD2d 846 , affd 28 NY2d 981 ) and Matter of Town of Smithtown v Howell ( 31 NY2d 365 ) as indicative of the superseding of section 451 of the Code by section 239-m of the *946 General Municipal Law, as amended … (Schaus v Town Bd. of Town of Clifton Park, 83 Misc 2d 726, 729 .) The referral statutes involved herein require various specified procedures.

Ramsdell v. Morgan

16 Wend. 574 · New York Supreme Court · Jan 15, 1837

Chapman v. Black, 2 Barn. & Ald. 588, and the "cases there cited. Lloyd v. Reach, 2 Conn. R. 175, S. P. … . & Malk. 141, or rather, he proceeded in silent disregard of Fitzroy v. Gwillim. When Tregoning v. Attenborough came to be decided, Lord C. J. Tindal said, “The case of Fitzroy v.

McNellis v. American Box Board Co.

53 Misc. 2d 479 · New York Supreme Court · Mar 30, 1967

(Fremay v. Modern Plastic Corp, supra; Millner v. Noudar, Lda. 24 A D 2d 326; Kramer v. Vogl, 17 NY 2d 27 .) … [c]); Schroeder v. Loomis, 46 Misc 2d 184 ; Wilsey v. Gavett, supra).

Kneettle v. Newcomb

31 Barb. 169 · New York Supreme Court · Jan 5, 1857

The *170 property was taken by Brown, a deputy sheriff, upon an execution in favor of Newcomb, against the plaintiff, by direction of the defendant Newcomb. … Upon this point the decision in Crawford v. Lockwood ( 9 How. 548 ) is conclusive. That was a decision at general term, upon the very point in issue in this case.

Le Sawyer v. Board of Elections

207 Misc. 12 · New York Supreme Court · Sep 8, 1954

Div. 145 ) particularly when the Board of Elections has accepted it for filing. (Matter of Kerns v. Whiting, 186 Misc. 656 , supra ; Matter of Zucker v. Heffernan, 300 N. Y. 456 ; see, also, Schwartz v. … Y. 104 ; Matter of Wicksel v. Cohen, 262 N. Y. 446 ; Matter of Bednarsh v. Cohen, 267 App. Div. 133 ; Matter of Waters v. Cohen, 248 App. Div. 830 , and Matter of Frankel v. Cheshire, 212 App. Div. 664 .)

Virgo v. Zoning Board of Appeals

28 Misc. 2d 886 · New York Supreme Court · Mar 15, 1961

On December 16, 1960, the Zoning Board of Appeals of the Town of Irondequoit denied a petition of the petitioner for a variance of zoning restrictions on prop *887 erty owned by him at 468 Titus Avenue, in said town, and … This requirement has been regarded as mandatory (see City Bank Farmers Trust Co. v. National Cuba Hotel Corp., 133 N. Y. S. 2d 8).

Evans v. Public Employment Relations Board

113 Misc. 2d 986 · New York Supreme Court · May 13, 1982

Simply stated, unless the board’s determination was ‘affected by an error of law’ or was ‘arbitrary and capricious or an abuse of discretion’, we will not interfere” ( 48 NY2d, at p 404 ). … (Matter of City of Albany v Helsby, 48 AD2d 998, 999 .)

Travis v. Board of Assessment Review

183 Misc. 2d 699 · New York Supreme Court · Aug 3, 1999

If equipment such as that involved in this case should be assessable as real property “the remedy is legislative rather than by strained or distortive judicial decisional analysis” (Matter of Crossman Cadillac v Board of … However, all of it can be removed without significant injury to the premises and is capable of reinstallation elsewhere (see, Matter of Crossman Cadillac v Board of Assessors, supra).

Smith v. Bennett

17 Wend. 479 · New York Supreme Court · Oct 15, 1837

The defect is not cured by the verdict (Addington v. Allen, 11 Wendell, 374 ). It is of course unnecessary to consider the other objection made on the argument. Motion granted.

Board of Higher Education v. Cole

176 Misc. 297 · New York Supreme Court · Apr 28, 1941

(Bullock v. Cooley, 225 N. Y. 566, 577 . See, also, People ex rel. Board of Education v. Finley, 211 id. 51, 57.) In Barringer v. Powell ( 230 N. … (See, also, Welker v. Lathrop, 210 N. Y. 434 , and People ex rel. Peixotto v. Board of Education of the City of New .York, 212 id. 463 .)

Foland v. Zoning Board of Appeals

26 Misc. 2d 1093 · New York Supreme Court · Aug 27, 1960

There was no adequate proof before the Zoning Board of Appeals to warrant a variance under the rules laid down in Matter of Otto v. Steinhilber ( 282 N. Y. 71 ), as reiterated in Matter of Crossroads Recreation v. … The issuance of a special exception permit is a duty imposed upon a Board of Appeals provided, of course, that the proposed use meets with all the standards provided in the ordinance (see Matter of Syosset Holding Corp. v

Central Management Co. v. Town Board

47 Misc. 2d 385 · New York Supreme Court · Mar 23, 1965

of Lemir Realty Corp. v. … (Matter of Larkin Co. v. Schwab, 242 N. Y. 330, 335 ; Matter of Bar Harbour Shopping Center v. Andrews, 23 Misc 2d 894, 899, 900 .)

Lent v. Town Board of Hempstead

8 Misc. 2d 184 · New York Supreme Court · Aug 26, 1957

O’Connor v. Board of Supervisors of Queens County, 153 N. Y. 370 ; Matter of Village of Hewlett Harbor v. County of Nassau, 272 App. Div. 1065 .) … (Strauch v. Town of Oyster Bay, 263 App. Div. 833 ; see, also, McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 397.)

People ex rel. Yates v. Canal Board

13 Barb. 432 · New York Supreme Court · Feb 16, 1852

Various cases were referred to, on the argument, to show that this was a proper case for a mandamus, to put the Canal Board in motion. In The King v. … The King v. The Bishop of Ely, (5 Durn. & East, 475,) was a case of a similar character. Commonwealth v.

People ex rel. Vickerman v. Contracting Board

46 Barb. 254 · New York Supreme Court · Dec 5, 1865

Bullard, v. … (Conolly v. Conolly, 16 Howard, 224 . Rogers v. Beard, 20 id. 282 . Otis v. Spencer, 16 N. Y. Rep. 614 .)

Kreck v. Board of Public Safety

65 Misc. 2d 379 · New York Supreme Court · Jan 13, 1971

After a hearing held before said board, the petitioner was found guilty of the charge, and was punished by a forfeiture of 10 days’ pay. … board against the petitioner herein is hereby reversed, and that charges be dismissed.

Dubbs v. Board of Assessment Review

81 Misc. 2d 591 · New York Supreme Court · Mar 19, 1975

(Martin v City of Philadelphia, 420 Pa 14, 17.) … (See City of Newark v Essex County Bd. of Taxation, 54 NJ 171, supra; Walter Reade, Inc. v Dennis Twp. 36 NJ 435; see, also, Orbison v Welsh, 242 Ind 385; Matter of Carney v Ohio Turnpike Comm. 167 Ohio St 273; Visina v Freeman

Legislative Conference v. Board of Higher Education

67 Misc. 2d 648 · New York Supreme Court · Jun 22, 1971

Petitioner again raises the argument that board approval is pro forma. … Therefore, the court in the instant case cannot make the same determination as in Katz v. Nassau Community Coll. (Sup. Ct., Nassau County, Spec.

Kay v. Board of Higher Education

173 Misc. 943 · New York Supreme Court · Mar 30, 1940

In Matter of Carow v. Bd. of Education ( 272 N. … (Piper v. Hoard, 107 N. Y. 73, 76 .)