Case law

People ex rel. Sutliff v. Board of Sup'rs

19 N.Y.S. 773 · New York Supreme Court · Jul 2, 1892

The relator presented to the board of supervisors of Fulton •county two verified claims for audit and allowance. After investigation, the board rejected the greater portion of such claims. … The board of supervisors, in making a return, necessarily acts through its officers and employes, and it is just as much entitled to the fee and compensation for making a return as a natural person.

Queensbury Hotel Corp. v. Board of Assessors

33 Misc. 2d 302 · New York Supreme Court · Mar 30, 1962

This proceeding is brought under article 13 of the Tax Law to review the assessment made by the Board of Assessors of the City of Glens Falls, New York, for the years 1957 through 1961 on certain real property owned by the … Owens v. Schmiedel, 30 N. Y. S. 2d 378; People ex rel. Parklin Operating Corp. v. Miller, 287 N. Y. 126 ).

Ronca v. New York State Racing & Wagering Board

90 Misc. 2d 324 · New York Supreme Court · May 5, 1977

Concerning defendants’ contention that plaintiff’s only remedy is to appeal his claim to the State Racing and Wagering Board in accordance with rule 4.14 of the rules and regulations, such contention is without merit as there … New York City Off-Track Betting Corp., 74 Misc 2d 471 , affd 43 AD2d 910 ; Salmore v Empire City Racing Assn., 123 NYS2d 688 ).

Kokomo Straw Board Co. v. Sachs

4 Silv. Sup. 150 · New York Supreme Court · Oct 19, 1889

Gates v. McDonald, 60 Hun, 583 . An order permitting the substitution of other security for costs allows a deposit of money instead of a new undertaking. Winchester v. Browne, 54 Hun, 636 -8. … Winchester v. Browne, 51 Hun, 284 . *152 After a failure to give security for costs for more than eight years, a refusal to permit a compliance with the order is proper. Lyon v. Park, 111 N. Y. 350 .

Board of Education v. McColgan

18 Misc. 3d 572 · New York Supreme Court · Dec 7, 2007

Further, courts generally must defer to the Commissioner’s construction of an ambiguous or unclear provision of the Education Law (Matter of Kelley v Ambach, 83 AD2d 733 [3d Dept 1981]; see Matter of Lezette v Board of Educ … The voters of a district cannot authorize the board of education to take actions that are ultra vires under the Education Law (see e.g. Matter of Ross v Wilson, 308 NY 605 [1955]).

Scott v. Board of Elections of Washington

30 Misc. 2d 397 · New York Supreme Court · Oct 4, 1961

This is an application for an order directing and compelling the Board of Elections of Washington County to accept for filing, nunc pro tunc, as of the 19th day of September, 1961, the independent nominating petition of the

Free Synagogue of Flushing v. Board of Estimate

57 Misc. 2d 80 · New York Supreme Court · May 24, 1968

(See Lakeville Merrick Corp. v. Town Board of Town of Islip, 23 A D 2d 584; Mazzara v. Town of Pittsford, 54 Misc 2d 600 .) I am of the opinion that these rules apply with equal force to the City Planning Commission. … [b]; see, also, Scheer v.

People ex rel. Morrison v. Board of Supervisors

10 N.Y.S. 88 · New York Supreme Court · May 26, 1890

Y. 196 , and People v. Town Auditors, 82 N. Y. 80 . The same doctrine is found in People v. Supervisors Cortland County, 58 Barb. 139 . … In People v. Board Supervisors Queens County, 33 Hun, 305 , there was a dispute as to the facts, and the amount allowed and accepted was stated to be in full. Such is not the case here. See, on this point, People v.

Kemp v. Monroe County Board of Elections

129 Misc. 2d 491 · New York Supreme Court · Aug 23, 1985

On all of the foregoing, the court grants the relief requested by each of the petitioners and directs the respondent Board of Elections to reinstate the designating petitions of said petitioners. … Cooper, the Board of Elections correctly invalidated the 10 signatures on page 4 of their petition because the subscribing witness did not show her post-office address, to wit: Fairport, New York.

Jamil v. Village of Scarsdale Planning Board

4 Misc. 3d 642 · New York Supreme Court · Jun 8, 2004

School Dist. v Commissioner of Educ., 91 NY2d 133, 139 [1997]). … Co. v Rosenberg, 82 NY2d 364, 370 [1993]).

People ex rel. McIver v. Board of Education

17 Barb. 299 · New York Supreme Court · Dec 5, 1853

Board of Education v. City of Buffalo

57 Misc. 2d 472 · New York Supreme Court · Aug 22, 1968

The Court of Appeals recently stated in Matter of Westchester Reform Temple v. … (People v. O’Gorman, 274 N. Y. 284 .)

Maldonado v. New York State Board of Parole

102 Misc. 2d 880 · New York Supreme Court · Oct 26, 1979

Wright, 568 F2d 142; Turner v American Bar Assn., 407 F Supp 451 ; United States v Hinderman, 528 F2d 100). … For the foregoing reasons, the motion is denied. *882 The court further recommends that the Board of Parole and the superintendents of the State correctional institutions inform each inmate law clerk under their jurisdiction

Council of Supervisors & Administrarors v. Board of Education

73 Misc. 2d 783 · New York Supreme Court · Mar 23, 1973

Y. v. Board of Educ. of City of N. … Y. v. Allen, 6 N Y 2d 127, 136). The record does not show that the decision of the Commissioner has been declared arbitrary.

Niagara Recycling, Inc. v. Town Board of Niagara

108 Misc. 2d 277 · New York Supreme Court · Mar 14, 1981

Corp., 69 AD2d 222 , supra; and see Bliek v Town of Webster, 104 Misc 2d 852, 861-862 ). … The defendants’ “determination of non-significance” was expressly founded upon the town board’s opinion that the proposed action, being legislative in nature, would not cause any of the adverse effects described in 6 NYCRR

Gutman v. Board of Education

18 Misc. 3d 609 · New York Supreme Court · Nov 28, 2007

In Holt v Board of Educ. of Webutuck Cent. … Assn., 204 AD2d at 446 [letter that alleged sexual harassment without due process protections must *616 be expunged]; see also Myers v Chester Union Free School Dist., 300 AD2d 287 [2d Dept 2002]; Jones-Hardwick v Board of

Campaniello v. Board of Managers

21 Misc. 3d 226 · New York Supreme Court · Jul 28, 2008

(Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314 [2002].) … Citing Hohenberg v 77 W. 55th St.

Regenstreif v. Board of Assessors

20 Misc. 3d 787 · New York Supreme Court · Jun 18, 2008

(Matter of Barbera v Assessor of Town of Pelham, 278 AD2d 412 [2d Dept 2000], lv denied 96 NY2d 711 [2001]; Matter of McNamara v Board of Assessors of Town of Smithtown, 272 AD2d 617 [2d Dept 2000].) … Watergate II Apts, v Buffalo Sewer Auth., 46 NY2d 52 [1978].)

Hailey v. Niagara County Board of Elections

31 Misc. 2d 650 · New York Supreme Court · Nov 29, 1961

(Sheils v. Flynn, 275 N. Y. 446, 452 .) It is only when absentee voters’ ballots are protested or rejected that this court may direct a recanvass or correct any error in the canvass thereof. … Hirsh v. Wood, 148 N. Y. 142, 146-147 ; Matter of Buechel v. Bosco, 9 A D 2d 916.)

Duane Realty Corp. v. Board of Assessors

55 Misc. 2d 1007 · New York Supreme Court · Feb 1, 1968

It appears that the assessment board of review met on June 16, 1964 between the hours of 10:00 a.m. and 2:00 p.m. pursuant to a properly published notice. … (Real Property Tax Law, § 706; Matter of City of Albany v. Assessors of Town of Coeymans, 253 App. Div. 436 ; Matter of Vanadium Corp. of America v. Board of Assessors of Town of Niagara, 50 Misc 2d 570 .)