Case law

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.

Vella v. City Zoning Board of Appeals

206 Misc. 941 · New York Supreme Court · Dec 8, 1954

V-7405 submitted and on file ”, and the board added in its resolution “ that in taking this action the Board of Appeals recommends: 1. … The board of appeals acted lawfully in granting said permits. (Matter of Reed v. Board of Stds. & Appeals, supra, pp. 134-135; Matter of Douglaston Civic Assn. v. Board of Stds. & Appeals, 278 App.

Mico Business Products, Inc. v. Brown

146 Misc. 2d 650 · New York Supreme Court · Feb 26, 1990

More importantly, the Third Department’s decision in Rex Paving Corp. v White ( 139 AD2d 176, 181-182 ) confers standing upon the petitioner under the circumstances of this case. … Finally, in Matter of Roman Catholic Diocese v New York State Dept. of Health ( 66 NY2d 948 ), the Court of Appeals gave direction to the lower courts as to how standing objections should be handled.

Thwaites v. New York State Board of Parole

34 Misc. 3d 694 · New York Supreme Court · Dec 21, 2011

(Matter of Silmon v Travis, 95 NY2d 470 [2000]; Matter of King v New York State Div. of Parole, 190 AD2d 423 [1st Dept 1993], affd 83 NY2d 788 [1994]; Matter of Duffy v New York State Div. of Parole, 74 AD3d 965 [2010]; Matter … In Matter of King v New York State Div. of Parole ( 190 AD2d at 432 ), the court, in finding the Parole Board’s determination fundamentally flawed, stated, “The role of the Parole Board is not to resentence petitioner according

Flatbush Real Estate Board, Inc. v. Weaver

5 Misc. 2d 75 · New York Supreme Court · Jan 21, 1957

Petitioners, Flatbush Beal Estate Board, Inc., and Bushwick Beal Estate Board, Inc., hereinafter referred to as “ Flatbush Board ” and “ Bushwick Board ”, challenge, in this article 78 proceeding, the validity of Amendment … Court of Appeals, Second Circuit, October, 1948, Docket No. 21100; Woods v. Claving Realty Corp., et al., U. S. Court, of Appeals, Second Circuit, October 1948, Docket No. 21150.

Board of Monroe Community Hospital v. Ingraham

80 Misc. 2d 950 · New York Supreme Court · Feb 27, 1975

Matter of Sigety v Ingraham, 29 NY2d 110, 115 .) … (See Sigety v Ingraham, 29 NY2d 110 , supra.) The motion to dismiss is denied and the respondents are directed to file an answer.

People ex rel. Ayres v. Board of Supervisors

14 Barb. 52 · New York Supreme Court · Jul 5, 1852

In the Com *55 mercial Bank of Albany v. … (People v. Van Wyck, (4 Cowen, 260.)

Public Improvements, Inc. v. Board of Education

103 Misc. 2d 713 · New York Supreme Court · Apr 8, 1980

The motion to dismiss is one of the many spawned in the wake of the Appellate Division, Second Department’s recent decision in H & J Floor Covering v Board of Educ. ( 66 AD2d 588 ), which held that section 3813 of the Education … As was stated in Eden v Board of Trustees of State Univ. of N.

Sinon v. Westchester County Board of Elections

29 Misc. 3d 496 · New York Supreme Court · Aug 6, 2010

See, e.g., Byrnes v. Board of Elections, 134 NYS2d 257 (n.o.r.) (Sup. Ct. Nassau County 1954), affirmed 284 App. Div. 847 (2d Dept. 1954), affirmed, 307 NY 816 (1954); Matter of Weiss v. … (S ee Matter of Rosmarin v Belcastro, 44 AD3d 1055 [2d Dept 2007]; Matter of Curley v Zacek, 22 AD3d 954 [3d Dept 2005]; Matter of Keal v Board of Elections of State of N.Y., 164 AD2d 962 [3d Dept 1990]; Matter of Gartner

Great Neck Section v. Board of Assessors

21 Misc. 2d 142 · New York Supreme Court · Jul 6, 1959

The Great Neck Board of Education is utilizing the premises also without charge, to conduct portions of its adult education program. … In People v. Brooklyn Garden Apartments ( 283 N.

Town Board of Fallsburgh v. National Surety Corp.

53 Misc. 2d 23 · New York Supreme Court · Jan 30, 1967

Viemeister, 25 A D 2d 815; Greenwald v. Howard Stores Corp., 24 A D 2d 626; Herzog v. Herzog, 43 Misc 2d 1062 ; 3 Weinstein-Korn-Miller, N. Y. Civ. … Homer v. Homer, 282 App. Div. 699,700 ; Huffy v. Huffy, 241 App. Div. 682 ).

Schwartz v. North Salem Board of Education

65 Misc. 2d 472 · New York Supreme Court · Jan 18, 1971

In article XII of the same contract, “Powers of Board”, the board’s powers were not to be abridged, etc., by the arbitration procedure. … (Matter of Lehman v. Ostrovsky, 264 N. Y. 130 .) “No one is under a duty to arbitrate unless by clear language he has agreed to do so ’ ’ (Matter of Eagar Constr. Corp. [Ward Foundation Corp.], 255 App.

In re Savage v. Board of Education

29 Misc. 2d 725 · New York Supreme Court · May 2, 1961

Petitioner in this proceeding is a candidate in the Glen Cove Board of Education election being-held today. … He requested that the School Board permit him to choose 20% of the total number of inspectors to be designated; that the School Board permit him to designate two watchers for each school election district; and that the School

Mercado v. New York City Youth Board

21 Misc. 2d 228 · New York Supreme Court · May 28, 1959

Since petitioner did not qualify for employment on the basis of merit and fitness pursuant to a competitive test, he acquired no legal right to the position and is subject to removal at will (Matter of Scahill v. … Y. 560 ; Matter of Hilsenrad v. Miller, 284 N. Y. 445 ). The motion is denied and the petition dismissed.

Gorenberg v. Onondaga County Board of Elections

67 Misc. 2d 766 · New York Supreme Court · Oct 12, 1971

(Matter of Robbins v. Chamberlain, 297 N. Y. 108 ; Matter of Reiner v. Board of Elections of Onondaga County, 54 Misc 2d 1030 , affd. 28 A D 2d 1095, affd. 20 N Y 2d 865.) The petitioner urges Carrington v. … (Carrington v. Rash, 280 U. S. 89 .) In Whittington v.

Durand v. Board of Cooperative Educational Services

70 Misc. 2d 429 · New York Supreme Court · Jun 9, 1972

Central School Disk No. 1, 56 Misc 2d 26 ), and *433 .this rule has been extended to Boards of Cooperative Educational Services (Matter of Board of Co-op. Educ. Servs., Nassau County v. … Filippo, 64 Misc 2d 533, 554 ) that such use has or actually will result in a nuisance (Board of Educ. of Cent. School Dist. No. 3 v.

People ex rel. Olmsted v. Board of Supervisors

12 Barb. 446 · New York Supreme Court · Feb 2, 1852

And the same court, in the case of The People v. … The rule was so laid down by Judge Bronson, in The People v.

Town of Greenburgh v. Board of Supervisors

51 Misc. 2d 168 · New York Supreme Court · Jul 6, 1966

(See Town of Greenburgh v. Board of Supervisors, 49 Misc 2d 116,119 .) … Reynolds v. Sims, 377 U.

Barney v. Board of Rapid Transit Railroad Commissioners

38 Misc. 549 · New York Supreme Court · Aug 15, 1902

follow a line distant only seven feet from the building or house line of the street, it being claimed that in the plan of construction adopted there is a substantial departure from the maps and descriptions prepared by the board … In the case of Rogers v. O’Brien, 153 N.

Hill v. Board of Water & Sewer Commissioners

28 N.Y.S. 805 · New York Supreme Court · May 18, 1894

Benton v. Hatch, 122 N. Y. 322 , 25 N. E. 486 ; Gilman v. Gilman, 111 N. Y. 265 , 18 N. E. 849 . In Wheeler v. Lawson, 103-R Y. 40, 8 FT. … A like view was taken in Griffin v. Railroad Co., 101 N. Y. 354 , 4 N. E. 740 ; People v. Hagadorn, 104 N. Y. 519 , 520, 10 N. E. 891 .