Case law

Town of Greene v. Board of Supervisors

144 Misc. 2d 288 · New York Supreme Court · Jul 31, 1989

Petitioner renewed its application after the November 18, 1988 meeting of the Board of Supervisors when it became apparent that the board would not authorize the rebuilding or reconstruction of the Cady Mills Bridge. … Minutes of this meeting illustrated that board members felt that there were other bridges which held priority over the Cady Mills Bridge.

860 Executive Towers, Inc. v. Board of Assessors

79 Misc. 2d 821 · New York Supreme Court · Nov 15, 1974

(Guth Realty v. Gingold, 34 N Y 2d 440.) In this- case the petitioner sought to impeach the State board’s data and methods. The record in Guth sets forth in detail in the testimony of Messers. … (Matter of City of Lackawanna v. State Bd. of Equalization and Assessment, 21 A D 2d 318.) Perhaps the problem is best expressed by the late Judge Loughbam", writing for the majority (People ex rel. Hagy v.

Missry v. New York City Loft Board

137 Misc. 2d 597 · New York Supreme Court · Nov 24, 1987

Corp. v New York City Loft Bd., NYLJ, Dec. 18, 1985, at 12, col 5, at 13, col 1.) … Board, whichever is later.

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 .)

Bronson v. The Board of Education

136 Misc. 76 · New York Supreme Court · Jan 7, 1930

(Bullock v. Cooley, supra, 576 .) It. has been held (as in Matter of Levitch v. Board, 216 App. … (Steinson v. Board of Education, 165 N. Y. 431 ; Stetson v. Board of Education, 218 id. 301; Shaul v. Board of Education, 108 App. Div. 19 ; People ex rel. Callahan v. Board of Education, 174 N. Y. 169 ; Bogert v.

De Fine v. Board of Health

125 Misc. 797 · New York Supreme Court · Jul 24, 1925

The question, therefore, is whether or not the permit was properly issued by the board of health, because the petitioner is properly before the court. (Southern Leasing Co. v. Ludwig, 217 N. Y. 100 .) … district designations and map designations rules accompanying said maps, as adopted by the board of estimate and apportionment of the city of New York.

Steuben Advocate, Inc. v. Board of Supervisors

5 Misc. 2d 627 · New York Supreme Court · Mar 28, 1957

In People v. Jaehne ( 103 N. … (See Bragg v. Town of Victor, 84 App. Div. 83 ; New York Catholic Protectory v.

People ex rel. Ripp v. Town Board

27 Misc. 469 · New York Supreme Court · May 15, 1899

Notwithstanding the allegation in the writ and in the relator’s affidavit that the town board did not consider his bills upon the merits, I think the other, facts stated therein show that the town board did so consider and … From the facts as stated, however, the town board did not pass upon the claims and make *470 the certificate as required by law. Section 162, chap. 569, Laws of 1890.

Board of Commissioners of Excise v. Willey

2 Lans. 427 · New York Supreme Court · Jun 15, 1870

Any three members shall be competent to -execute the *429 powers vested in any town board, &c. … This latter power is not conferred upon the new boards nor upon any other person or body, and there can be no conflict between the county commissioners and the new town boards of excise.

People ex rel. Sherrill v. Canal Board

4 Lans. 272 · New York Supreme Court · Dec 15, 1871

“Every positive direction,” says Judge Denio, speaking of the Constitution in the People v. Draper 15 N. … The argument of the relator is, that, having once awarded a contract to the lowest bidder, the board has complied with the Constitution, and that a subsequent increase of price is not prohibited; and he cites The People v

Board of Commissioners of Excise v. Classon

17 How. Pr. 193 · New York Supreme Court · Jan 15, 1859

Board of Supervisors of Dutchess v. Sisson

24 Wend. 386 · New York Supreme Court · Oct 15, 1840

The board then adjourned over until December, when objections were made that [ '*388 ] Wilbur was allowed *too large a sum, and the board passed a resolution to re-consider the allowance, and postpone the further consideration … This was done, as the board say, to the end that the money might be put at interest by the supervisor, to await the final decision of the board the next year.

Rodriguez v. Westchester County Board of Elections

47 Misc. 3d 956 · New York Supreme Court · Feb 27, 2015

In Lepkowski , the Court of Appeals referenced its discussion of due diligence in Matter of Miller v Board of Assessors ( 91 NY2d 82 [1997]). … Hayduk, 45 NY2d 804 [1978]; Matter of Niebauer v Board of Elections in the City of N.Y., 76 AD3d 660 [2d Dept 2010]).

O'Quinn v. New York State Board of Parole

132 Misc. 2d 92 · New York Supreme Court · May 5, 1986

(Morrissey v Brewer, supra, at p 489.) The court, however, notes that not all situations require the same kind of procedural safeguards. (Morrissey v Brewer, supra, at p 488.) … (Morrissey v Brewer, supra, at p 488.)

Ryan Homes, Inc. v. Town Board of Mendon

7 Misc. 3d 709 · New York Supreme Court · Feb 28, 2005

Bede’s Episcopal Church v City of Santa Fe, 85 NM 109 , 110, 509 P2d 876, 877 [1973]; Rodgers v Village of Menomonee Falls, 55 Wis 2d 563, 570 , 201 NW2d 29, 33 [1972]; Heaton v City of Charlotte, 277 NC 506, 525-529, 178 … Town of Sardinia, 87 NY2d 668, 687 [1996]; Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406, 413-414 [1987]).

Universal Kinnebrook Inc. v. Board of Assessors

89 Misc. 2d 674 · New York Supreme Court · Mar 14, 1977

*675 trative Judge but before the respondent board of assessors has filed its appraisal report? … It appears that the petitioner has timely completed and filed its appraisal report, while the respondent, Board of Assessors, Town of Thompson, has not filed its appraisal report.

Board of Education v. Wager Construction Corp.

74 Misc. 2d 864 · New York Supreme Court · Jul 12, 1973

(See, dissenting opn., Matter of Board of Educ. of Cent. School Dist. No. 2 [Hanover Ins. Co.], 22 A D 2d 936, affd. 16 N Y 2d 673; unreported decision of Mr. Justice Arthur C. Aulisi in Matter of Board of Educ. v. … (Shalman v. Board of Educ. of Cent. School Dist. No. 1, 31 A D 2d 338.) As in the Shalman ease the parties to the instant proceeding have not submitted the contract itself to the court for consideration.

Board of Education v. Commissioner of Education

61 Misc. 2d 741 · New York Supreme Court · Dec 17, 1969

Southern Dutchess Country Club v. Town Board

47 Misc. 2d 820 · New York Supreme Court · Sep 30, 1965

Article V of the Zoning Ordinance of the Town of Fishkill, relating to amendments, provides in section 501 thereof: ‘ ‘ The Town Board may * * * on its own motion, on petition, or on recommendation of the Planning Board or … In the case at bar, petitioner’s application for a change of zoning made to the respondent Town Board was properly referred by said board to the Planning Board for review and recommendation.

People ex rel. Barlow v. Canal Board

2 Thomp. & Cook 242 · New York Supreme Court · Dec 15, 1873

It was surrendered under section 2 of the aforesaid chapter, and said surrender was accepted by the canal board, to take effect April 15, 1870. … Case thereupon, on November 23,1871, presented a petition to the canal board asking that an award be made to him for “permanent improvements,” and such award was made, by a • resolution of the canal board, on the 30th day