Case law

Stanton v. Board of Supervisors

48 Misc. 415 · New York Supreme Court · Oct 15, 1905

It was further elucidated and illustrated by the court in Bank of Chenango, v. Brown, 26 N. … Other illustrations may be found in numerous cases among which are Starin v. Town of Genoa, 23 N. Y. 439 ; Clarke v. City of Rochester, 28 id. 605; Village of Gloversville v. Howell, 70 id. 287; People v.

Murphy v. Board of Education

38 Misc. 706 · New York Supreme Court · Oct 15, 1902

See Steinson v. Board of Education, 165 N. Y. 431 . … See Steinson v. Board of Education, 165 N. Y. 431 .

Sargent v. Board of Education

35 Misc. 321 · New York Supreme Court · Jun 15, 1901

Patrick’s Orphan Asylum v. Board of Education, 34 How. … People v. Board of Education, 13 Barb. 400 ; St. Patrick’s Orphan Asylum v. Board of Education, 34 How. Pr. 227 .

Strum v. Board of Education

191 Misc. 205 · New York Supreme Court · Dec 2, 1947

In Hammond v. Hopkins ( 143 U. … Corp. v. Madame X Co., Inc. ( 130 Misc. 836 ) a declaration was refused, where there was a delay of two years before the declaration was sought. In Hencken v. City of Morgan Hill ( 21 Cal.

Breen v. Board of Trustees

190 Misc. 661 · New York Supreme Court · Oct 20, 1947

The retirement was based upon a certificate by the Medical Board that petitioner was disqualified physically for the performance of his duties in the uniformed forces. … Bridges v. Adamson ( 173 App. Div. 773 , affd. 219 N. Y. 570 ).

Brown v. New York State Department of Motor Vehicles

44 Misc. 3d 182 · New York Supreme Court · Mar 28, 2014

Here the issue for consideration is whether the challenged determination, in this case, the denial of petitioner’s relicensure application, was arbitrary and capricious or an abuse of discretion (Matter of Arrocha v Board … An action is arbitrary if it is without sound basis in reason and is taken without regard to the facts (Matter of Pell v Board of Educ. of Union Free School Dist.

Bemis v. Board of Education

171 Misc. 957 · New York Supreme Court · Aug 16, 1939

(Matter of Carrow v. Board of Education, 272 N. Y. 341 .) The word “ holding ” in the statute includes a probationary period as well as a permanent one. (People ex rel. Zieger v. Whitehead, 99 Misc. 578 .) … (Matter of Seeley v. Stevens, 190 N. Y. 158, 162 .) This the Legislature had a right to do. (Matter of Stutzbach v. Coler, 168 N. Y. 416 .) Judge Crane, writing the opinion for the court in Matter of Clancy v.

Lamar v. Board of Education

170 Misc. 27 · New York Supreme Court · Apr 25, 1938

(Matter of Jaffe v. Board of Education, 265 N. Y. 160, 164 .) Furthermore, the petition does not allege that any vacancies exist and the answer affirmatively alleges that none exist at the present time. … (Matter of Phillips v. Kaplan, 266 N. Y. 514 ; Matter of Williams v. Pyrke, 233 App. Div. 345 .)

Joyva Corp. v. Board of Assessors

82 Misc. 2d 466 · New York Supreme Court · Jun 17, 1975

Lavere v. Board of Zoning Appeals

72 Misc. 2d 493 · New York Supreme Court · Aug 20, 1971

The language of that section provides, in substance, that any person or persons aggrieved by any decision of the Board of Appeals may, upon proper cause shown, review any determination or decision of the Board of Appeals … (Matter of Lido Beach Civic Assoc, v. Board of Zoning Appeals of Town of Hempstead, 13 A D 2d 1030; see 67 N. Y. jur., Zoning & Planning Laws, § 429.)

Peel v. Board of Metropolitan Police

44 Barb. 91 · New York Supreme Court · May 2, 1865

The moneys were given for a particular purpose, not to the board of police but to Mr. Belmont, to be distributed among the police force. When the board of police agreed to accept the fund from Mr. … The 65th section provides that the board may permit members to receive rewards, and makes it a cause of removal for any member to receive any such reward or present without notice to the board.

Bellows v. Board of Supervisors

73 Misc. 566 · New York Supreme Court · Oct 15, 1911

Brazee v. Stewart, 59 App. … The physician in charge was employed by the board of health; the nurse was employed under the axithority of the health board; the messenger who-took care of the temporal wants of the family was employed by the health board

Adelphi University v. Board of Regents

170 Misc. 2d 135 · New York Supreme Court · Aug 21, 1996

Diffenbach v Regents of Univ. of State of N. Y., supra, 199 App Div, at 61 .) … was no requirement that the disciplinary proceeding be on the record (see also, Matter of Gruen v Chase, 215 AD2d 481 [2d Dept 1995]; Matter of Richie v Coughlin, 148 AD2d 178 [3d Dept 1989]).

Hannan v. Board of Education

86 Misc. 299 · New York Supreme Court · Feb 13, 1976

and in Matter of Silver v Board of Educ. of West Canada Val. … v Board of Educ., supra; Matter of Silver v Board of Educ., 46 AD2d 427 , supra; see Matter of Nyboe v Allen, 10 Misc 2d 895 , affd 7 AD2d 822 ; Matter of Ginsburg, 13 Ed Dept Rep 5).

Bethlehem Steel Corp. v. Board of Education

91 Misc. 2d 258 · New York Supreme Court · Aug 18, 1977

The school board possesses the sole discretion to prepare and adopt the yearly spending schedule. … Bank v Municipal Assistance Corp. for City of N. Y., 40 NY2d 731, 739 .)

Whalen v. Board of Supervisors of Albany

6 How. Pr. 278 · New York Supreme Court · Dec 15, 1851

Mayhew v. Town Board of Marcy

58 N.Y. St. Rep. 871 · New York Supreme Court · Feb 15, 1894

Burkart v. Board of Fire Commissioners

28 Misc. 2d 64 · New York Supreme Court · Dec 29, 1960

Such board of fire commissioners 4É ’S £ £ 11. … The powers and duties of the Board of Fire Commissioners are further defined by section 209-1 of the General Municipal Law which reads as follows: £ £ § 209-1.

Mahopac Teachers Ass'n v. Board of Education

67 Misc. 2d 268 · New York Supreme Court · Jul 9, 1971

(See our determination in North Salem Teachers Assn. v. Board of Educ., 67 Misc 2d 315 .) … Y. v. Board of Higher Educ. ( 67 Misc 2d 648 ). Accordingly, this petition is dismissed.

Quinn v. Board of Standards & Appeals

78 Misc. 2d 559 · New York Supreme Court · Jun 17, 1974

In this proceeding, the petitioners seek (1) to have set aside a determination of respondent Board of Standards and Appeals granting respondent Distrigas Corp. … In Power Comm. v. Panhandle Co. ( 337 U.