Case law

Town of Greenburgh v. Board of Supervisors

55 Misc. 2d 1031 · New York Supreme Court · Jan 29, 1968

; and in the decision of this court dated August 23, 1967, in which a fourth plan was held to be in accordance with the 11 one person-one vote ” standard laid down in Reynolds v. … Obviously the board should proceed with the results of the last election in mind.

Starin v. Village Board of Zoning Appeals

198 Misc. 785 · New York Supreme Court · Nov 2, 1950

the board of appeals can act, the petitioner must file with the board of appeals, consents duly acknowledged of the owners of 80% of the frontage deemed by the board of appeals to be immediately affected by the proposed … Petitioners now seek this order asserting that insofar as the village board, by the ordinance quoted, has purported to delegate to adjoining owners, the power to confer upon or withhold from the board of zoning appeals, authority

Von der Heide v. Zoning Board of Appeals

204 Misc. 746 · New York Supreme Court · Jul 25, 1953

(Matter of Colasuonno v. Dassler, 183 Misc. 904, 906 .) … Co. v. Chase, 197 App. Div. 327, 331 .)

Matyas v. Board of Education

19 Misc. 3d 906 · New York Supreme Court · Mar 31, 2008

The court finds no reason to defer to the Commissioner of Education on such matters (see Good v American Pioneer Tit. Ins. Co., 12 AD3d 401, *908 402 [2004]; Matter of Barone v Board of Coop. Educ. … Stewartson v Gristede’s Supermarket, 271 AD2d 324, 325 [2000]).

W & G Ltd. v. Workers' Compensation Board

131 Misc. 2d 329 · New York Supreme Court · Feb 13, 1986

Arbitration (Clemens v Apple, 65 NY2d 746 ; Ziegler v Raskin, 100 AD2d 814 ; Compton v D'Amore, 101 AD2d 800 ) and administrative determinations (Ryan v New York Tel. … ; Botwinick v Ogden, 59 NY2d 909 ; Liss v Trans Auto Sys., 109 AD2d 430 ).

People ex rel. Noyes v. Board of Canvassers

35 N.Y. St. Rep. 1000 · New York Supreme Court · Jan 23, 1891

People ex rel. Evans v. Board of Commissioners

33 N.Y. Sup. Ct. 153 · New York Supreme Court · Dec 15, 1881

People ex rel. Dinsmore v. Croton Aqueduct Board

5 Abb. Pr. 372 · New York Supreme Court · Nov 15, 1857

The order does not bind them, and, as against them, does not protect the Croton Board. … It may be that the Croton Board could have filed a bill of interpleader. Of the expediency of doing so they were the judges.

Cavallaro v. Nassau County Board of Elections

2 Misc. 3d 880 · New York Supreme Court · Jun 18, 2003

Petitioner Peter Cavallaro successfully sued to have a petition for the establishment of a ward system placed before the Town Board of North Hemp-stead, and ultimately the electorate (Cavallaro v Schimel, 194 Misc 2d 788 … Coop, v Power Auth. of State of N.Y., 96 AD2d 154, 163-164 [1983], affd 62 NY2d 877 [1984]; Matter of Carola v Saratoga County Bd. of Elections, 180 AD2d 962, 965 [1992]).

Council of Supervisory Associations v. Board of Education

56 Misc. 2d 32 · New York Supreme Court · Mar 4, 1968

The Appellate Division in Spencer v. Ryan ( 237 App. Div. 50, 53 , affd. 262 N. … V, § 6.)

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.

Kahrmann v. Crime Victims Board

14 Misc. 3d 545 · New York Supreme Court · Nov 30, 2006

quasi-legislative norm or prescription which establishes a pattern or course of conduct for the future’ ” (Alca Indus. v Delaney, supra at 778, quoting People v Cull, 10 NY2d 123, 126 [1961]). … Auth. v New York State Dept. of Labor, 88 NY2d 225, 229 [1996], quoting Matter of Roman Catholic Diocese of Albany v New York State Dept. of Health, 66 NY2d 948, 951 [1985]).

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]).

Trilling v. Board of Higher Education

190 Misc. 52 · New York Supreme Court · Dec 12, 1946

On the contrary, Matter of Wasmund v. La Guardia ( 287 N. … Patterson v. Board of Education, Syracuse, 295 N. Y. 313 , modfg. 269 App. Div. 39 ).

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

31 N.Y.S. 248 · New York Supreme Court · Dec 4, 1894

In People v. Supervisors of Ulster Co., 93 N. … People v. Board of Supervisors, 73 N. Y. 173 . The supervisors therefore rejected the bill because it was not a valid claim against the town.

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

Thorgeirsdottier v. New York City Loft Board

143 Misc. 2d 1026 · New York Supreme Court · May 8, 1989

The following proceedings have been consolidated for disposition, pursuant to CPLR 602 (a): (1) Thorgeirsdottier v New York City Loft Bd. (index No. 9292-88); (2) 126 Front Co. v New York City Loft Bd. … (index No. 42094-88); (3) J&L Realty Co. v New York City Loft Bd. (index No. 11478-88); (4) J&L Realty Co. v New York City Loft Bd. (index No. 42092-88). The facts in the various proceedings are as follows: 1.

Lonsdale v. Speyer

174 Misc. 532 · New York Supreme Court · Oct 13, 1938

Outside of the chairman of the board, Brown, it is not sought to hold the members of the board accountable for the approval of the transaction. … (Rundle v. Allison, 34 N. Y. 180 .)

Dexter v. Board of Higher Education

180 Misc. 891 · New York Supreme Court · Mar 12, 1943

The motion is to strike out certain defenses and for judgment on the pleadings in an action by an instructor in the City College against the Board of Higher Education for salary. … The second and fourth defenses are the same as those ruled ineffective in Nelson v. Board of Higher Education ( 288 N. Y. 649 ). The third defense met a similar fate in Litvin v.

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.