Case law

People ex rel. Kinney v. Board of Supervisors

58 Barb. 139 · New York Supreme Court · May 2, 1870

Under these circumstances, the board would be required to act upon the matter. (Hull v. The Supervisors of Oneida, 19 John. 259 . *149 Plumb v. The Supervisors of Cortland, 24 How. Pr. 119 .) … (Dyett v. Pendleton, 8 Cowen, 325. Clowes v. Dickenson, Id. 328. Higbie v. Westlake, 14 N. Y. 281 .) The relief established is substantially, though not precisely, what is demanded in the alternative mandamus.

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.

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]).

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

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]).

People ex rel. Plumb v. Board of Supervisors

24 How. Pr. 119 · New York Supreme Court · Aug 15, 1861

board of supervisors, properly made out and verified, it is the "duty of such board to receive and act upon them. … And it is to compel a performance of this duty by the board, and not by the supervisors individually, that this action is brought. Hence it is properly brought against the board.

People ex rel. Osborn v. Board of Trustees

119 Misc. 357 · New York Supreme Court · Oct 15, 1922

” Proposition No. 2, in substance, authorized and empowered the board of trustees to take such action and proceedings and let such contracts as may be necessary for the extension to the curb line of the concrete pavement … Rohr v. Owens, 110 App. Div. 30 ; Everett v. Village of Potsdam, 112 id. 727. The motion is denied. Ordered accordingly.

Sprint Spectrum, L.P. v. Zoning Board of Appeals

173 Misc. 2d 874 · New York Supreme Court · Aug 18, 1997

On August 7, 1996, the Guilderland Zoning Board of Appeals (ZBA) conducted a public hearing with respect to the application. … Co. v Meyer, 200 AD2d 743 ; Cellular Tel. Co. v Village of Tarrytown, 209 AD2d 57 ).

Colonial Life Assurance Co. v. Board of Supervisors

4 Abb. Pr. 84 · New York Supreme Court · Dec 15, 1856

The Supervisors of Erie, 4 Comst, 442 ; Sun Mutual Insurance Co. v. The Mayor of New-York, 4 Seld., 241; The People on rel. Mutual Life Insurance Co. v. The Board of Supervisors of New-York, 20 Barb., 81 ). … The Board of Supervisors of New-York * ( 20 Barb., 86 ).

Sunday Telegram Corp. v. Board of Supervisors

133 Misc. 496 · New York Supreme Court · Jan 10, 1929

The legislative power given to the board of supervisors is a delegated power. … The people of the county of Albany are represented by their board of supervisors. One of the duties imposed by statute upon the board of supervisors is to designate official newspapers.

Rexford Flats Bridge Co. v. Canal Board

81 Misc. 330 · New York Supreme Court · Jun 15, 1913

Village of Oneida v. Board of Supervisors

40 N.Y. St. Rep. 985 · New York Supreme Court · Oct 3, 1891

Rawe v. State Board of Equalization & Assessment

2 Misc. 2d 320 · New York Supreme Court · Oct 1, 1955

Hawkins, constituting the Erie County Board of Equalization, for an order in the nature of prohibition to restrain the State Board of Equalization and Assessment, Steven Pankow as mayor of the City of Buffalo, and Henry J … If such appeal is brought in behalf of the town, the majority of the town board of such town; in behalf of the city, the majority of the aldermen or councilmen or board *322 of estimate of said city, shall first consent to

People ex rel. O'Brien v. Town Board

29 Misc. 440 · New York Supreme Court · Nov 15, 1899

The relator applies for a writ of mandamus compelling the town board to award her a teacher’s pension. … Hence, the general resolution, being upon the request of the petition and the town board to vote a pension for William H.

Board of Commissioners of Pilots v. Spofford

11 N.Y. Sup. Ct. 74 · New York Supreme Court · Mar 15, 1875