Case law

Brack Construction Corp. v. Board of Assessors

51 Misc. 2d 747 · New York Supreme Court · Oct 10, 1966

The petitioner asks the court to emphasize substance over form as the court did in Matter of Cale-Rome v. Board of Assessors of City of Rome ( 44 Misc 2d 675 ). … In Matter of Shanty Hollow Corp. v.

Knott v. Town Board of Oyster Bay

57 Misc. 2d 925 · New York Supreme Court · Apr 2, 1968

Village of Elmsford, 20 A D 2d 818), an action for an injunction (Cord Meyer Development Co. v. Bell Bay Drugs, 20 N Y 2d 211) or an article 78 proceeding (Matter of Lido Beach Civic Assn. v. … Board of Zoning Appeals of Town of Hempstead, 13 A D 2d 1030).

Shames v. Town Board

16 Misc. 2d 528 · New York Supreme Court · Oct 27, 1958

The Town Board in an annexation proceeding pursuant to section 348 “ performs the ministerial function of determining whether the petition complies with the statute ” (Matter of Wright v. Ransom, 307 N. Y. 317, 321 ). … In the absence of proof to contradict the averments of the verified petition ‘ ‘ the board had no alternative but to grant the requested annexation ” (Matter of Wright v. Ransom, supra, p. 321 ).

United Citizens v. Zoning Board of Appeals

109 Misc. 2d 1080 · New York Supreme Court · Jul 23, 1981

The purpose of the notice is to alert interested parties and afford them the opportunity to present their views to the zoning board. (Matter of Gerling v Board of Zoning Appeals of Town of Clay, 11 Misc 2d 84 .) … (Satin v Board of Stds. & Appeals of City of N.

Kingsport Press, Inc. v. Board of Education

52 Misc. 2d 276 · New York Supreme Court · Apr 27, 1966

The Board of Education of the City of New York has been deemed an “ agency ” of the city *278 within the definition of that term (see New York City Charter, § 1150, subd. 2; Matter of Kay v. … Board of Higher Educ., 260 App. Div. 912 , mot. for lv. to app. den. 285 N. Y. 859 ). Accordingly, the Corporation Counsel is the statutory attorney for the Board of Education.

Tripodi v. Board of Elections

42 Misc. 3d 283 · New York Supreme Court · Oct 31, 2013

{See generally Matter of Barron v Board of Elections in City of N.Y., 11 NY3d 745 [2008].) Accordingly, the court denies the motion to dismiss in its entirety. … (See Matter of Hosley v Curry, 85 NY2d 447, 452 [1995] [“the Board of Elections’ prior determination (is) statutorily deemed presumptive evidence of respondent’s residence for voting purposes”]; Matter of Bressler v Holt-Harris

Cantelli v. Town Board of Oyster Bay

30 Misc. 2d 39 · New York Supreme Court · Dec 9, 1960

a right to grant an ex parte injunction under very stringent conditions, does not dispense with the requirement for security, and the granting of same without an undertaking of any kind, was held to be improper in Kramm v. … It is more vitally concerned with the outcome than is the Town Board, which is the only named respondent. In a similar type of case (Matter of Cestone Bros. v. Solowinski, 276 App.

Little Falls Hospital v. Board of Assessors

75 Misc. 2d 731 · New York Supreme Court · Oct 12, 1973

The Little Falls Hospital claims the City of Little Falls, through its Board of Assessors, has improperly taxed exempt property. … Luke’s Hosp. v. Boyland, 12 N Y 2d 135.) If the parties cannot agree on the apportionment of the property exempt and subject to tax, application may be made to this court for determination.

Town of Wirt v. Board of Supr's

35 N.Y.S. 887 · New York Supreme Court · Oct 16, 1895

Butler v. Palmer, 1 Hill, 324 ; Church v. Rhodes, 6 How. Prac. 281 ; Washburn v. Franklin, 35 Barb. 600 ; Curtis v. Leavitt, 15 N. Y. 153 ; McCotter v. Hooker, 8 N. Y. 506 ; Hartung v. People, 22 N. Y. 103 ; Smith v. … Y. 338 ; Smith v. Banker, 3 How. Prac. 142 ; Manufacturing Co. v. Beecher, 26 Hun, 49 ; Board of Health v. City of Rochester (Sup.) 1 N. Y. Supp. 725 .

Pasik v. State Board of Law Examiners

114 Misc. 2d 397 · New York Supreme Court · May 11, 1982

(Matter of Fink v Lefkowitz, 47 NY2d 567, 572 , n; Matter of McAulay v Board of Educ., 61 AD2d 1048 .) … ( 50 NY2d 575 ), Matter of Doolan v Board of Coop.

Banks v. Community School Board No. 29

80 Misc. 2d 700 · New York Supreme Court · Feb 7, 1975

Perhaps the closest parallel to the instant case appears in Matter of Brown v. Board of Educ. of City of N. … The decision in Brown further held .

Chad Homes, Inc. v. Board of Appeals

5 Misc. 2d 20 · New York Supreme Court · Feb 15, 1957

(See Matter of Hopkins v. Board of Appeals, 178 Misc. 186 .) … Church v. Walsh, supra, p. 289 ), and that it may not do. (Matter of Taxpayers’ Assn. v. Board of Appeals, 301 N. Y. 215, 218 , supra; Matter of Levy v. Board of Stds. & Appeals, 267 N. Y. 347, 353 ).

Inter Community Memorial Hospital Building Fund, Inc. v. Brown

9 Misc. 2d 202 · New York Supreme Court · Dec 12, 1957

It was decided in Arnold v. Fee ( 148 N. … (See, also, Missionary Soc. of Silesian Congregation v. Evrotas, 256 N. Y. 86 .)

Lupo v. Board of Assessors of Huron

10 Misc. 3d 473 · New York Supreme Court · Jul 18, 2005

of management, goodwill, and personal property (fixtures and equipment), factors foreign to the value of the realty (see also Matter of Placid-Marcy Co. v Board of Assessors of Town of N. … Howell v *479 Jessup, 160 NY 249 [1899]; see generally 7 Warren’s Weed, New York Real Property, Land Under Water § 77.03 [2] [5th ed].) . But see Board of Trustees of Town of Huntington v W.

Claim of Short v. Board of Education

12 Misc. 2d 440 · New York Supreme Court · Sep 7, 1956

In Matter of Mathusa v. Board of Educ. ( 202 Misc. 1010 ), the court, following Matter of Hogan v. City of Cohoes ( 279 App. … In Matter of Hogan v.

Edelman v. Town Board of Oyster Bay

14 Misc. 2d 953 · New York Supreme Court · Jan 30, 1958

Apparently, considerations of traffic burdens and hazards are for the police and not zoning boards (Matter of Plander v. Koehler, 150 N. Y. S. 2d 879; Matter of Brooklyn Parking Corp. v. … Gannella, 193 Misc. 811 ; Matter of Property Owners Assn. v. Board of Zoning Appeals, 2 Misc 2d 309 ).

La Vecchia v. Board of Standards & Appeals

26 Misc. 2d 39 · New York Supreme Court · Jun 28, 1960

(Matter of New York Ambassador v. Board of Stds. & Appeals, 281 App. Div. 342 , affd. 305 N. Y. 791, 793 .) … Board of Stds. & Appeals, supra).

Cornelius v. Monroe County Board of Elections

91 Misc. 2d 528 · New York Supreme Court · Sep 22, 1977

Voorhis, 252 N.Y. 14, 18 ; Matter of Crane v. Voorhis, 257 N.Y. 298 ).” … (Matter of Cherry v Hayduk, 49 AD2d 934 ; Matter of Smith v McNab, 35 AD2d 744 .)

Cale-Rome, Inc. v. Board of Assessors

44 Misc. 2d 675 · New York Supreme Court · Dec 22, 1964

City of Watertown v. Gilmore, 166 Misc. 323 ; Matter of Bender v. Easson, 216 N. Y. S. 2d 393; Real Property Tax Law, § 1612). … Our decision bears in mind that in a sense the clerk of the board is an agent of convenience (People ex rel. City of Watertown v.

Rodger v. American Kennel Club, Inc.

138 Misc. 310 · New York Supreme Court · Oct 31, 1930

Brown were read and on motion same were referred to the New York Trial Board for investigation and report.” … Brown purchased it. (Dent v. North American S. Co., 49 N. Y. 390 .) It is, therefore, clear that Mrs.