Case law

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.

Board of Education v. Village of Alexander

197 Misc. 814 · New York Supreme Court · Oct 27, 1949

The board may construct such water system by contract or otherwise * * V’ (Italics ours.) … The question of whether school property is subject to a special assessment was considered by the Court of Appeals in Board of Education v. Town of Greenburgh ( 277 N. Y. 193 ).

Camarella v. East Irondequoit Central School Board

68 Misc. 2d 123 · New York Supreme Court · Nov 30, 1971

What did the Court of Appeals have in mind, then, when, in Natoli v. Board of Educ. ( 303 N. … Language in other cases concerning service of notices of claim refers to such service in accordance with section 3813 and section 50-e, in the same breath (Bayer v. Board of Educ., 29 A D 2d 537; State of N. Y. v.

Bell Aircraft Corp. v. Board of Assessors

204 Misc. 951 · New York Supreme Court · Dec 2, 1953

The examinations which have been permitted were mostly in connection with negligence actions (see Wolk v. City of New York, supra; Mitchell v. City of New York, 178 Misc. 212 , affd. 264 App. Div. 753 and Deutsch v. … Green v. Hall, 83 Hun 375, 377 ). In the case of People ex rel. Haile v. Brundage ( 195 App.

Harris v. Board of Education

46 Misc. 3d 835 · New York Supreme Court · Dec 3, 2014

Board of Educ. of City School Dist. of City of N.Y., 17 AD3d 682, 683 [2d Dept 2005]). … Dist. v Hogan, 109 AD3d 817 , 817-818 [2d Dept 2013], citing Mobil Oil Indonesia v Asamera Oil [Indonesia], 43 NY2d 276, 281 [1977], and CSP Tech., Inc. v Hekal, 57 AD3d 372 [1st Dept 2008]; but see also Matter of Board of

Burke v. New York State Board

103 Misc. 2d 615 · New York Supreme Court · Mar 21, 1980

Calloway v Skinner ( 33 NY2d 23 ), People ex rel. Maggio v Casscles ( 28 NY2d 415 ), and People ex rel. Williamson v Kuhlmann ( 49 AD2d 46 ). None of these cases present fact situations comparable to the instant case. … Emanuel v Quinn ( 66 AD2d 905 ), not cited by respondent, the question presented was whether the amendment to subdivision 3 of section 70.30 should be applied to a minimum period of imprisonment fixed by the board of parole

Orrell v. Planning Board of Pound Ridge

66 Misc. 2d 843 · New York Supreme Court · Feb 17, 1971

The Town Board met informally on February 12, 1970, revised the plan and sent it back to the Planning Board. … Petitioners have argued that the issue of delegation of power which is raised in this proceeding was decided in 1961 in Matter of Hiscox v. Levine ( 31 Misc 2d 151 ).

Universal Beer Keg Co. v. Brown

9 N.Y. St. Rep. 91 · New York Supreme Court · May 13, 1887

In the case of Lawrence v. Fox ( 20 N. Y., 268 ), it was held that even though' the corporation was not a party to the agreement, it having been executed for its benefit, it had the right to maintain an action thereon. … Duffy v. O’Donovan, 46 N. Y., 228 .

Eichenbaum v. Loft Board

135 Misc. 2d 968 · New York Supreme Court · Jun 8, 1987

The owner did not file an answer but did appear at a conference held at the Loft Board on August 14, 1985. … The Loft Board decision had a rational basis and was neither arbitrary nor capricious.

Maik v. Massapequa Library Board of Trustees

46 Misc. 2d 159 · New York Supreme Court · Apr 6, 1965

York State Board of Regents for a charter (Education Law, § 261). … Matter of Negrone v. New York City Tr. Auth., 15 A D 2d 676; Matter of Ringgold v. New York City Tr. Auth., 286 App. Div. 806 ; Matter of Coyle v. New York City Tr. Auth., 283 App. Div. 1083 ).

Allen v. Cattaraugus County Board of Health

4 Misc. 3d 383 · New York Supreme Court · May 18, 2004

In fact, the only case to consider this claim rejected it (see NYC C.L.A.S.H., Inc. v City of New York, 315 F Supp 2d 461 [SD NY 2004]). Petitioner also claims that he was denied due process. … Clearly, the requirements of procedural due process, notice of the charges and an opportunity to be heard (see Matter of McCann v Scaduto, 71 NY2d 164 [1987]) were met.

People ex rel. Seymour v. Canal Board

7 Lans. 220 · New York Supreme Court · Jun 15, 1872

(Lawton v. Commissioners of Cambridge, 2 Caines R., 179, 182; Leroy v. Mayor, &c., of New York, 20 John., 430 .) … In The People v. The Board of Police (39 N. Y.

Folklane Hotel Associates v. Board of Assessors

170 Misc. 2d 712 · New York Supreme Court · Jan 10, 1996

.’ * * * Such disclosure allows the bankruptcy court and the creditors to determine whether the claims should be pursued on the creditors’ behalf’ (Dynamics Corp. v Marine Midland Bank-N. … Finally, the court notes that Dynamics Corp. v Marine Midland Bank-N. Y. ( 69 NY2d 191 , supra) was decided under the former Bankruptcy Act.

City of Hudson v. Board of Education

158 Misc. 583 · New York Supreme Court · Mar 7, 1936

The rights of individuals dealing with municipal authorities was well settled in Moore v. Mayor ( 73 N. … (Louisville v. Cumberland Telephone Co., 224 U. S. 649, 662 .)

Slaughter v. Town Board

23 Misc. 2d 346 · New York Supreme Court · Mar 2, 1960

In Matter of Wright v. Ransom ( 282 App. Div. 953 , affd. 307 N. Y. 317 ) the direct issue was squarely passed on. … be annexed, the Town Board was required to consent to the annexation.

Cemetery Board of Hyde Park v. Teller

8 How. Pr. 504 · New York Supreme Court · Dec 15, 1853

Snyder v. Town Board

27 Misc. 2d 645 · New York Supreme Court · Jan 25, 1961

(Wiggins v. Town of Somers, 4 N Y 2d 215.) … (Matter of Murphy v. Kraemer, 16 Misc 2d 374 .) This is a case where the very act of the plaintiff brought about the hardship complained of, and is on all fours with Matter of Clark v. Board of Zoning Appeals ( 301 N.

Town of Greenburgh v. Board of Supervisors

53 Misc. 2d 88 · New York Supreme Court · Feb 3, 1967

(Town of Greenburgh v. Board of Supervisors, 49 Misc 2d 116.) On April 18, the board adopted a local law providing for an apportionment plan, which was submitted to the court for approval. … (Reynolds v. Sims, 377 U. S. 533, 565 , supra.) Each citizen has, of course, the same right with respect to the processes of his county Board of Supervisors (Seaman v. Fedourich, 16 N Y 2d 94, supra).

Freedman v. Suffolk County Board of Supervisors

52 Misc. 2d 670 · New York Supreme Court · Jan 4, 1967

Board of Educ. ( 41 Misc 2d 391 ), also a mandamus proceeding, it was specifically held that the Board of Education though an arm of the State had standing to question the constitutionality of the statute in question. … This is not a case such as Matter of Mandle v. Brown (5 N Y 2d 51) in which a general reclassification based upon prior valid levels of work was upheld. Nor is it similar to Matter of Amann v. Finegan ( 253 App.

Schenectady Illuminating Co. v. Board of Supervisors

88 Misc. 226 · New York Supreme Court · Dec 15, 1914

People v. Neff, 191 N. Y. 210 . … Beebe v. Supervisors of Sullivan County, 64 Hun, 377 ; affd., 142 N. Y. 631 ; Heughes v. Board of Education, 37 App. Div. 182 ; Matter of Taxpayers, 27 id. 365. This is the *228 principle of the common law. Smith v.