Case law

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 .)

Sanna v. Lindenhurst Board of Education

107 Misc. 2d 267 · New York Supreme Court · Feb 24, 1981

(Foley v Roche, 68 AD2d 558 .) Movant’s reference to the obtaining of an exact transcript of the tape recording of proceedings before the board, subsequent to the determination of the court, is not persuasive. … The other case cited, Matter of Addesso v Sharpe ( 44 NY2d 925 ), only addressed the question of whether a zoning board had acted in good faith in deliberating in private.

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 .)

Tuxedo Conservation & Taxpayers Ass'n v. Town Board

96 Misc. 2d 1 · New York Supreme Court · Jul 28, 1978

We are not presented here with a situation where credibility of witnesses before the planning board is a substantial issue (cf. Smith v State of New York, 214 NY 140 ). … (Chrobuck v Snohomish County, 78 Wn 2d 858, 869.)

Balaklaw v. American Board of Anesthesiology, Inc.

149 Misc. 2d 11 · New York Supreme Court · Nov 8, 1990

In this matter, it would be inappropriate for the court to substitute its judgment for that of the Board by compelling disclosure of the testing material. (Gertler v Goodgold, supra.) … (See, Matter of Salter v New York State Psychological Assn., 14 NY2d 100 [1964]; Goodman v Regan, 151 AD2d 958 [3d Dept 1989].)

Halfmoon Bridge Co. v. Canal Board

91 Misc. 600 · New York Supreme Court · Sep 15, 1915

The canal board has attempted to appropriate a part of plaintiff’s lands at each end of the bridge, and this, with its constructions in the river, involves the destruction of the bridge. … Halfmoon Bridge Co. v. Acme Construction Co., 157 App. Div. 183 ; Halfmoon Bridge Co. v. Acme Construction Co., 163 id. 76; reversed on other grounds, 213 N. Y. 160 .

Goldstein v. Board of Zoning Appeals

113 Misc. 2d 756 · New York Supreme Court · Apr 26, 1982

The discretion of a board of zoning appeals in determining whether a special exception shall be granted is confined to the standards enacted to guide and limit the board’s power (Matter of Hartnett v Segur, 21 AD2d 132 ). … When the standards have been met the board is without authority to deny the exception (Matter of Holmes & Murphy v Bush, 6 AD2d 200 ; Matter of Harrison-Warren Realty Co. v Spencer, 124 Misc 783 ; Larkfield Equities v Larkin

Van Nostrand v. Board of Supervisors

67 Misc. 2d 1096 · New York Supreme Court · Oct 27, 1971

(Iannucci v. Board of Supervisors of County of Washington, 20 N Y 2d 244, 253.) … (Iannucci v. Board of Supervisors of County of Washington, 20 N Y 2d 244, 252, supra).

Gander v. Board of Fire Commissioners

117 Misc. 2d 830 · New York Supreme Court · Jan 20, 1983

Proof was submitted from the Board of Elections of Nassau County indicating that the records of that board confirm the position of the petitioner that 92 voters were not registered. … (Filiberto v Roosevelt Fire Dist., 75 AD2d 572 ; Leggio v Brentwood Fire Dist., Supreme Ct, Suffolk County, Stark, J.; DiNicola v West Islip Fire Dist., Supreme Ct, Suffolk County, Stark, J.)

Peekskill Packing Co. v. Board of Health

172 Misc. 176 · New York Supreme Court · Jun 29, 1939

Third, the board of health argues that the zoning board of appeals had no authority under the zoning ordinance to grant any variance and that the conditional variance granted is void. The case of Matter of Beckmann v. … without the consent of the board of health; Such conclusion is supported to a considerable extent by the case of Tugman v.

Halfmoon Bridge Co. v. Canal Board

78 Misc. 284 · New York Supreme Court · Nov 15, 1912

Co. v. Canal Board, 146 App. Div. 151 ; modified and affirmed in 204 N.

Friends of Pine Bush v. Planning Board

96 Misc. 2d 320 · New York Supreme Court · Aug 25, 1978

Although the need in zoning cases for a broader rule of standing and the actual broadening of said rule has been recognized (Matter of Douglaston Civic Assn. v Galvin, 36 NY2d 1 ), the court must still be satisfied that the … (Matter of Douglaston Civic Assn. v Galvin, 43 AD2d 739, 740 .) That interest need not be solely economic, but it may represent aesthetic and environmental values as well.

Mayerat v. Town Board of Ashford

152 Misc. 2d 196 · New York Supreme Court · Sep 17, 1991

(Hess v Board of Educ., 41 AD2d 151, 153 [3d Dept 1973]; see also, 25 NY Jur 2d, Counties, Towns, and Municipal Corporations, § 256.) … In Matter of Magee v Rocco (supra), the Town Board had adopted an "advisory document” of a master plan for future zoning. In Matter of Essex County v Executive Dept.

Streng v. Westchester County Board of Elections

49 Misc. 3d 811 · New York Supreme Court · Aug 6, 2015

This proceeding addresses only the Working Families Party line and Board of Elections petition No. 31-101. … Even in election cases, technical defects in the notarization of a document do not invalidate the acts of a notary (Matter of Berney v Bosworth, 87 AD3d 948 [2d Dept 2011]; Matter of Hudson v Board of Elections of City of

Suffolk Sanitary Corp. v. Town Board

84 Misc. 2d 373 · New York Supreme Court · Sep 29, 1975

The defendants, the Town Board of the Town of Brook-haven (the "town board”) and the Suffolk County Sewer Agency (the "sewer agency”), oppose the motion. … Brown, 149 NY 163 ; International Ry.

Josephs v. Town Board of Clarkstown

24 Misc. 2d 366 · New York Supreme Court · Feb 19, 1960

(Matter of Rothstein v. County Operating Corp., 6 N Y 2d 728, *368 729.) … (See Levitt v. Inc. Vil. of Sands Point, 6 N Y 2d 269.)

Town of Huntington v. Town Board

57 Misc. 2d 821 · New York Supreme Court · Jun 11, 1968

It is subject to review under subdivision 7 of section 267 just as the Board of Appeals’ decision would be (Matter of Rothstein v. County Operating Corp., 6 N Y 2d 728). … This was held to be a bar in the Matter of Village of Russell Gardens v. Board of Zoning Appeals (219 N. Y. S. 2d 501), a variance case involving an Appeals Board and in Matter of Browning v.

Jensen v. Board of Contract & Supply

74 Misc. 641 · New York Supreme Court · Dec 15, 1911

In Osterhoudt v. Supervisors of Ulster County, 98 N. … In First National Bank v. Shuler, 153 N.

Landmark Colony v. Board of Supervisors

121 Misc. 2d 23 · New York Supreme Court · Sep 28, 1983

Corp. v Board of Educ., 7 NY2d 381 ; Fallica v Town of Brookhaven, 69 AD2d 579 ; 1555 Boston Rd. Corp. v Finance Administrator, 61 AD2d 187 ; Eden v Board of Trustees, 49 AD2d 277, 284 ). … Matter of Pokoik v Silsdorf, 40 NY2d 769 ; Matter of Our Lady of Good Counsel v Ball, 38 NY2d 780 , affg 45 AD2d 66 ; Matter of Faymor Dev. Co. v Board of Stds. & Appeals, 45 NY2d 560 ).

Board of Supervisors v. Sherlo Realty, Inc.

32 Misc. 2d 579 · New York Supreme Court · Dec 29, 1961

Y. 483, 489 ; Brooks-Scanlon Corp. v. United States, 265 U. S. 106, 123 ; Matter of Board of Water Supply of City of N. Y., 277 N. Y. 452, 456 ). … (United States v. Miller, 317 U. S. 369 ; see, also, United States ex rel. Tenn. Val. Auth. v. Powelson, 319 U. S. 266 ; Olson v. United States, 292 U. S. 246 ; Matter of Board of Water Supply of City of N. Y., 277 N.