Case law

Northampton Colony, Inc. v. Board of Appeals

30 Misc. 2d 469 · New York Supreme Court · Aug 7, 1961

Petitioner’s application to respondent board was for a variance and a permit to build a restaurant and retail stores on its property, and, mindful of the requirements of Matter of Otto v. Steinhilber ( 282 N. … Co. v. Thatcher, 278 N. Y. 222 ; see, also, Levitt v. Incorporated Vil. of Sands Point, 6 N Y 2d 269; Matter of Hess v. Bates, 17 Misc 2d 22 .) The determination of the respondent is affirmed and the petition dismissed.

Board of Commissioners of Pilots v. Ambrose

39 N.Y. Sup. Ct. 242 · New York Supreme Court · Mar 15, 1884

Board of Higher Education v. Rubain

62 Misc. 2d 978 · New York Supreme Court · May 11, 1970

Sufficient continuity of the acts complained of has been shown to call for the intervention of a court of equity (Board of Higher Educ. v. Students for a Democratic Soc., 60 Misc 2d 114 ). … (Hudson Water Co. v. McCarter, 209 U. S. 349, 355 .)

Parents Ass'n v. Community School Board

66 Misc. 2d 21 · New York Supreme Court · Mar 26, 1971

(See Valdivieso v. Community Board of Dist. One, N. Y. L. J., Nov. 9, 1970, p. 2, col. 3.) … An appeal may be taken from the Chancellor’s order to the New York City Board of Education, acting as an appeals board, pursuant to subdivision 10 of section 2590-g of the said law.

Brown v. City National Bank of Plattsburgh

72 Misc. 201 · New York Supreme Court · May 15, 1911

This subject was referred to in Brace v. City of Gloversville, 167 N. … In Sebring v. Wellington, 63 App.

De Benedittis v. Board of Education

183 Misc. 700 · New York Supreme Court · Oct 17, 1944

(Davidson v. City of *701 New York, 221 N. Y. 487 ; Bush Terminal Co. v. City of New York, 259 N. Y. 509 ; Berryman v. Board of Education, 257 App. Div. 915 .) … (Berryman v. Board of Education, supra.)

Mantell v. Board of Education

35 Misc. 2d 452 · New York Supreme Court · Jun 19, 1962

(It is clear that under section 31, service in the Board of Education would be credited by a city as city service for the purpose of determining seniority. See Schaefer v. Rathman, 237 App. Div. 491 , affd. 262 N. … In Schaefer v.

Roberts v. Assessment Board of Review

84 Misc. 2d 1017 · New York Supreme Court · Nov 20, 1975

under certain conditions, be deemed real property within the meaning of section 300 above cited for the purpose of taxation (Real Property Tax Law, § 102, subd 12, pars [c], [d], [e], [f], [g]; New York Mobile Homes Assn. v … Dealing specifically with the type of swimming pool in *1020 question, the State Comptroller and the State Board of Equalization and Assessment have reached substantially the same conclusion.

Kreyer v. Board of Trustees

52 Misc. 2d 384 · New York Supreme Court · Dec 29, 1966

S. 908; Matter of Graae v. Ahern, 258 App. Div. 686 .) On August 9,1966 the respondent board adopted a resolution terminating petitioner’s service as Chief and restoring him to his former position as Sergeant. … (Matter of Silverman v. Taylor, 270 App. Div. 1040 .) There remains petitioner’s strenuously asserted claim that the board’s determination was made arbitrarily and in bad faith.

Perfetto v. Cemetery Board

166 Misc. 2d 211 · New York Supreme Court · Aug 18, 1995

The statute states that such director "shall” hold office for a term of six years and that he or she is subject to the "supervision, direction and control” of the board. … Co. v Board of Elections, 98 AD2d 635, 636 ). The petition is dismissed.

Ginsburg Development Corp. v. Town Board

150 Misc. 2d 24 · New York Supreme Court · Nov 14, 1990

As stated by the Court of Appeals in Matter of Jackson v New York State Urban Dev. … (Supra, at 563; see also, Real Estate Bd. v City of New York, 157 AD2d 361 .)

Kokomo Straw-Board Co. v. Sachs

9 N.Y.S. 949 · New York Supreme Court · Dec 30, 1889

New York Coach & Auto Lamp Co. v. Brown

82 Misc. 92 · New York Supreme Court · Aug 15, 1913

Mattison v. Smith, 24 N. Y. Super. Ct.; 1 Rob. 706 ; 19 Abb. Pr. 288 ; Hammond v. Earle, 5 Abb. N. C., 105 . A denial must be direct and unequivocal. 1 Nichols N. Y. Pr. 943. In Mattison v. … Kramer v. Barth, 79 Misc. Rep. 80, 82 . Ordered accordingly.

Board of Education v. Richmond

137 N.Y.S. 62 · New York Supreme Court · Jun 15, 1912

Ham v. Mayor, 70 N. Y. 459 . But the supply of water to the public schools is a public necessity and should not be interfered with, even though it should be the duty of the board of education to pay water rents. … Johnson v. Barrows, 140 App. Div. 24 , 124 N. Y. Supp. 270 , affirmed 204 N. Y. 664 , 97 N. E. 1113 ; Board of Water Com’rs v. Corning, 140 App. Div. 11 , 124 N. Y. Supp. 268 , affirmed 201 N. Y. 570 , 95 N.

Gormley v. Board of Education

129 N.Y.S. 153 · New York Supreme Court · Apr 27, 1911

The case of Moore v. Board of Education, 121 App. Div. 862 , 106 N. Y. … In Wood v. Board of Education, 59 Misc. Rep. 605 , 112 N. Y.

Conmar Builders, Inc. v. Board of Appeals

43 Misc. 2d 577 · New York Supreme Court · Jun 24, 1964

Where this right is specified in the ordinance, the court on many occasions has upheld the inherent power of a Board of Appeals to impose reasonable conditions (Matter of Hopkins v. … Yacht Club v. Board of Appeals, 32 Misc 2d 677 ) and they must be sufficiently clear and definite so that the permittee is not left in doubt as to the extent of the use permitted (Matter of Pearson v.

Board of Education, Union Free School District No. 4 v. Public Employment Relations Board

74 Misc. 2d 741 · New York Supreme Court · Jun 7, 1973

Respondent board moved to dismiss on substantive and procedural grounds. These latter contentions will be resolved preliminarily. … The board has discretion as to the duration of the forfeiture it may impose; one factor which the board may consider is whether the public employer engaged in “ acts of extreme provocation”.

Kokomo Straw Board Co. v. Inman

11 N.Y.S. 329 · New York Supreme Court · Oct 24, 1890

Zimmele v. American Plaster Board Co.

21 N.Y.S. 846 · New York Supreme Court · Jan 13, 1893

Cook v. Warren, 88 N. Y. 39 .

Tesoriero v. Examining Board of Plumbers

36 Misc. 2d 412 · New York Supreme Court · Aug 29, 1962

In People v. Harrison ( 170 App. Div. 802 ) the court held unconstitutional subsequent legislation adopted to correct the statute held unconstitutional in People v. Ringe (supra). Matter of Beaver (60 N. Y. … Lavier v. Hessler ( 152 App.