Case law

Smith v. Board of Stadium & Memorial Auditorium

197 Misc. 529 · New York Supreme Court · Mar 6, 1948

(Matter of Mercer v. Dowd, 288 N. Y. 381 ; Matter of Rohr v. Kenngott, 288 N. Y. 97 ; Matter of Mylod v. Graves, 274 N. Y. 381 .) … (Matter of Byrnes v. Windels, supra, p. 406 . See, also, Matter of Mercer v. Dowd, supra, p. 385 .)

People ex rel. Fountain v. Board of Supervisors

4 Barb. 64 · New York Supreme Court · Jul 5, 1848

In Varíele v. … (Bowman v. Middleton, 1 Bay, 252. See also *75 Dash v. Van Kleeek, 7 John. Rep. 477; Osborn v. Huger, 1 Bay, 179 ; Ogden v. Blackledge, 2 Cranch, 272; Bedford v. Skilling, 4 Serg. & Rawle, 401 ; Brunswick v.

Brown v. Supreme Court of the Independent Order of Foresters

34 Misc. 556 · New York Supreme Court · Apr 15, 1901

The Court of Appeals, in Rohrbach v. Germania Fire Ins. Co., 62 N. Y. 47 , and in Alexander v. … See Murphy v. Sons of Jacob, 77 Miss. 830 ; Supreme Tribe of Ben Hur v. Hall, 24 Ind. App. 316 ; Knights of Pythias v. Withers, 59 U. S. App. 177; 177 U. S. 260 . Mr.

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 .

People ex rel. Hackley v. Croton Aqueduct Board

49 Barb. 259 · New York Supreme Court · Jun 3, 1867

The People v. The Canal Board, 13 Barb. 432, 450 . Ex parte Fleming, 4 Hill, 583 . 2 John. Cas. 2d ed. 217, note.) … (Shipley v. Mechanics’ Bank, 10 John. 484 . Boyce v. Russel, 2 Cowen, 444. The People v. President, &c. of Brooklyn, 1 Wend. 318 . Ex parte Lynch, 2 Hill, 45. Ex parte Fireman’s Insurance Co., 6 id. 243. The People v.

People ex rel. Duffus v. Brown

53 N.Y. Sup. Ct. 320 · New York Supreme Court · Nov 15, 1887

J.: In the Matter of Swenarton v. … Hackley v. Kelly, 24 N. Y., 74 ; Matter of Morris, 45 Hun, 171 .) We think, the order contained a compliance with the provisions of the statute referred to above. (Fischer v. Langbein, 103 N. Y., 85 .)

Yellow Pine Co. v. Board of Education

15 Misc. 58 · New York Supreme Court · Dec 15, 1895

or control of the funds of the board. … In this respect the case is to be distinguished from that of Bell v. Mayor, 105 N. Y. 136 . Judgment for plaintiff, with costs out of fund.

People ex rel. Dickinson v. Board of Supervisors

43 Barb. 232 · New York Supreme Court · Dec 23, 1864

Such are the cases of Lawton v. Com’rs of Highways, ( 2 Caines, 182 ,) and LeRoy v. The Mayor of New York, (20 John, 436, and 16 id. 49, 50.) … It is not a writ of right, and should not be granted to boards of supervisors to remove proceedings in assessing the general town and county taxes. (The People v. The Supervisors of Alleghany, 15 Wend. 198 . The same v.

People ex. rel. Baldwin v. Board of Supervisors

26 Barb. 118 · New York Supreme Court · Dec 7, 1857

“marshal shall receive for his services rendered under and by virtue of the act hereby amended, the sum of two dollars and no more, for each day he is actually and necessarily employed, to be audited and allowed by the board … Keither of the above acts provides any mode by which the boards of supervisors shall determine the number of days any marshal has been actually and necessarily employed in performing the services, under the act.

People ex rel. Potter v. Board of Managers

119 Misc. 428 · New York Supreme Court · Oct 15, 1922

People v. Mansi, 129 App. Div. 386 ; Cohen v. Warden of Workhouse, 150 N. Y. Supp. 596 ; People v. Foster, N. Y. L. J. Jan. 9, 1909. See, also, Case of Twelve Commitments, 19 Abb. … Clark v. Keeper, 176 N.

Sorbonne Apartments Co. v. Board of Health

88 Misc. 2d 970 · New York Supreme Court · Oct 20, 1976

As to the primary objection referred to, the court finds that the board of health was acting within its jurisdiction in enacting this regulation. … The board of health conducted an extensive publicity campaign prior to the enactment of the regulation in addition to the public hearing.

Brown ex rel. Purdy v. Knapp

24 N.Y. Sup. Ct. 160 · New York Supreme Court · Feb 15, 1879

In the case of McNamara v. Dwyer ( 7 Paige, 239 ) it was held that the Court of Chancery has jurisdiction to compel a foreign executor to account for the trust funds in his hands in this State. In Despard v. … (Acherley v. Vernon, 1 P. Wms. Rep., 783; Harvey v. Harvey, 2 id., 21; Hill v. Hill, 3 Ves. & B., 183; Heath v. Perry, 3 Atk., 102.) The infant plaintiff in this case has no property with which to support himself.

People ex rel. Board of Education v. Bennett

54 Barb. 480 · New York Supreme Court · Jul 27, 1867

of the 17th section of the same act, directed and empowered, and it is also therein expressed to be their duty, to raise and collect, *482 by tax, in the same manner as other taxes are collected, such sums as the said “.board … It may be proper to state, that it appears from the papers before me, that “ the board of trustees of said village” consists of six members, three of whom voted to raise the required sum, and the three defendants named in

Russo v. New York State Board of Parole

98 Misc. 2d 251 · New York Supreme Court · Feb 16, 1979

No rationale similar to that relied on in People v Burke ( 39 NY2d 729 ) can be used to salvage respondent’s omission in this case. … People v Ford, 57 AD2d 718 ). This restriction should apply regardless of what entity, court or Parole Board, sets the minimum sentence.

Brown v. Rome, Watertown & Ogdensburgh Railroad

52 N.Y. Sup. Ct. 439 · New York Supreme Court · Jul 15, 1887

Tbis point was marked and inferentially decided in Hewitt v. Prince ( 21 Wend., 79 ), a case considered under tbe provision of tbe Revised Statutes, as was also Edington v. Etna Life Insurance Company ( 77 N. Y., 564 ). … (Pierson v. The People, 79 N. Y., 424, 432, 433, 434 .) There is .nothing to the contary in Grattan v. Mutual Life Insurance Company (80 N. Y , 281), and in Renihan v.

People ex rel. Savage v. Board of Health

12 Abb. Pr. 88 · New York Supreme Court · Feb 15, 1861

with the board of health, to take measures for the removal of nuisances detrimental to the public health. … It is very clear that the defendant, if the resolution was beyond the jurisdiction of the board, has a good defence to any action which that board may cause to be brought against him for disobedience of their orders.

People ex rel. Wells v. Brown

54 N.Y. Sup. Ct. 459 · New York Supreme Court · Feb 15, 1888

McFarland v. Com’rs of Salem, 1 Cow., 23 ; People ex rel. Thomas v. Com’rs of Milton 37 N. Y., 360 ; Woolsey v. Tompkins, 23 Wend., 324 ; Tucker v. Rankin, 15 Barb., 471 ; McCarthy v. Whalen, 19 Hun, 503 .) … Waters v.

People ex rel. Burrows v. Board of Supervisors

27 Barb. 575 · New York Supreme Court · Jul 14, 1857

In The People v. … Co. v. The City of New York, ( 5 Sandf. 10 ; 4 Seld. 241, S.

Arglo Painting Corp. v. Board of Education

47 Misc. 2d 618 · New York Supreme Court · Jul 26, 1965

Corp. v. Morris, 15 A D 2d 373, 378.) … Co. of Syracuse v. McMorran, 21 A D 2d 949; Matter of Rice v. Board of Educ. of City of N. Y., 15 A D 2d 958.)

Lathrop v. American Board of Foreign Missions

67 Barb. 590 · New York Supreme Court · Jun 15, 1876

In October or November, 1866, Barden said to a person with whom he was then boarding, that he was in fear all the time, that the masons were going to murder him; he said that they had robbed him once, and that he was afraid … It is such a case as is described by Judge Deeto, in the Seamen's Friend Society v. Hopper, ( 33 N.