Case law

Board of Sup'rs v. City of Buffalo

18 N.Y.S. 635 · New York Supreme Court · Mar 15, 1892

The cases of *636 Sage v. City of Brooklyn, 89 N. Y. 189 ; McCormack v. Same, 108 N. Y. 49 . 14 N. E. Rep. 808; and Donnelly v. Same, 121 N. Y. 9 , 24 N. E. … In the case of Donnelly v.

St. Patrick's Orphan Asylum v. Board of Education

34 How. Pr. 227 · New York Supreme Court · Sep 15, 1867

The Board of Education of the City of Brooklyn, or such was the opinion of Judge Deñio, who gives the opinion of the court in that case, a manuscript copy of which has been furnished to us on the argument. … This was particularly so held in this court, in the opinions of Judges Brown and Strong, in the last mentioned case, and so far these opinions and judgment in that case on that point, was approved in the court of appeals.

People ex rel. Kleet v. Town Board

27 Misc. 470 · New York Supreme Court · May 15, 1899

. *471 receive two dollars per day in the absence of action by the board of supervisors fixing their compensation at a higher rate, which concededly was not done. … But under the facts as they are presented there does not seem to be opportunity for relief in these proceedings, and furthermore, as appears by the facts as submitted, the town board have awarded them extra compensation.

Board of Commissioners of Excise v. Hogan

41 N.Y. Sup. Ct. 625 · New York Supreme Court · Oct 15, 1884

People ex rel. Board of Commissioners for the Erection of a New Courthouse v. Board of Supervisors

36 Misc. 597 · New York Supreme Court · Dec 15, 1901

This definition is sustained by Sheboygan Co. v. Parker, 3 Wall. 93 ; People ex rel. Kilmer v. McDonald, 69 N. Y. 362 ; Greaton v. Griffin, 4 Abb. Pr. (N. S.) 310; Hanlon v. Supervisors, 57 Barb. 383, 397 . … Sherwood v. Board of Canvassers, 129 N. Y. 360 , has no bearing upon the case at bar.

Village of Oneida v. Board of Supervisors

17 N.Y.S. 602 · New York Supreme Court · Oct 3, 1891

Board of Education v. First National Bank

24 N.Y.S. 392 · New York Supreme Court · Jul 8, 1893

Abco Bus Co. v. Board of Education

100 Misc. 2d 712 · New York Supreme Court · Aug 20, 1979

This determination (initially made by the Board and sustained by their own Board of Review) was allegedly based on the fact that two of the three stockholders have criminal records. … This court has the authority to review in this proceeding the acts of an agency which acted in an arbitrary, capricious or unreasonable manner (Matter of Pell v Board of Educ., 34 NY2d 222 ).

Niagara County Water District v. Board of Assessors

55 Misc. 2d 478 · New York Supreme Court · Sep 18, 1964

That on or before July 1, 1963, the Board of Assessors of the Town of Grand Island assessed the low-lift pumping station in the total amount of $10,030. 5. … That on or about the 16th day of September, 1963, the Niagara County Water District served a petition of notice in this proceeding with the Town Clerk of the Town of Grand Island and the Board of Assessors of said town. 6

Mammina v. Zoning Board of Appeals of Cortlandt

110 Misc. 2d 534 · New York Supreme Court · May 8, 1981

(Staminski v Romeo, supra.) … Radio Sta. v Federal Communications Comm., 106 F2d 321.) Respondents herein place considerable reliance on the decisions in Staminski v Romeo ( 62 Misc 2d 1051 , supra) and State ex rel. Pruzan v Redman (60 Wn 2d 521).

Browne v. New York State Board of Parole

25 Misc. 2d 1050 · New York Supreme Court · Sep 7, 1960

(Matter of Daley v. Board of Estimate, 258 App. Div. 165 ; Matter of Moors v. Craig, 205 App. Div. 897 ; Matter of Lacqua v. O’Connell, 280 App. Div. 31 ; Rochester Co-op. Milk Producers Bargaining Agency v. … Winelander v.

Grove v. Chemung County Board of Supervisors

50 Misc. 2d 418 · New York Supreme Court · Jun 6, 1966

I, §§ 1 and 11; Seaman v. Fedourich, 16 N Y 2d 94.) … Board of Supervisors of the County of Sullivan, 25 A D 2d 688, affg. 46 Misc 2d 837 ; Town of Greenburgh v. Board of Supervisors of Westchester County, 49 Misc 2d 116 ).

Brotherton v. Board of Trustees of Quogue

50 Misc. 2d 389 · New York Supreme Court · May 18, 1966

(See Marcus v. Incorporated Vil. of Spring Valley, 24 A D 2d 1021 [2d Dept.]) … Westchester Motels v. Village of Elmsford, 20 A D 2d 818).

Macchio v. Planning Board of East Hampton

152 Misc. 2d 622 · New York Supreme Court · Aug 8, 1991

That is something within the jurisdiction of a zoning board or town board, but not the Planning Board (see generally, Matter of Town of Poughkeepsie v Flacke, 105 Misc 2d 149 , affd 84 AD2d 1 ). … The Planning Board, as lead agency, had the responsibility of acting affirmatively upon those adverse environmental impacts (see, Town of Henrietta v Department of Envtl. Conservation, supra, at 221).

Kropf v. Board of Education of New York

34 Misc. 2d 8 · New York Supreme Court · Apr 12, 1962

Neither is there any merit to her claim that she is entitled to examine the various medical reports submitted by the physicians of the Board of Education (Silverman v. Moss, 107 N. Y. S. 2d 475). … This is particularly so where, as in the present case, the decision made by the Board does not appear to be arbitrary, capricious or unreasonable (Munter v. Theobald, 101 N. Y. S. 2d 475, supra).

Gertum v. Board of Supervisors

12 N.Y. St. Rep. 659 · New York Supreme Court · Dec 13, 1887

It is doubtful whether the legislature could have validated the title of such an officer (People v. Gardiner, 43 N. … In the case of People v. Mann ( 97 N.

Mars Associates, Inc. v. Board of Education

96 Misc. 2d 393 · New York Supreme Court · Aug 8, 1878

On December 29, 1975, the board acknowledged in writing that certain concrete installations, which it called "contract work” remained to be installed. … Both parties, litigating in the shadow of Matter of Board of Educ. (Wager Corp.) ( 37 NY2d 283, 290 ), argue the date when damages were "ascertainable”.

North Salem Teachers Ass'n v. Board of Education

67 Misc. 2d 315 · New York Supreme Court · Jul 2, 1971

Consequently, it is argued, for the board to make a determination in derogation of such contractual right is a determination affected by an error of law cognizable under CPLR 7803 (subd. 3). … It is the respondent board’s contention that there is no contractual commitment between the North Salem Teachers Association and the school district relating to sabbaticals.

Des Pres v. Niagara County Board of Supervisors

37 Misc. 2d 1087 · New York Supreme Court · Jan 17, 1963

The petitioner points to the case Dawson v. Knox ( 231 App. Div. 490 , affd. 267 N. … The leading case on this subject, Thompson v. Hofstatter ( 265 N.

Sullivan v. Board of Estimate & Apportionment

164 Misc. 63 · New York Supreme Court · Jul 7, 1937

Dreicer v. Ouderkirk ( 76 Hun, 119 ) it is said that a tender or payment of fees for copies of papers required to be returned seems to be a condition precedent. … On the other hand, it is for the Appellate Division to say what effect the prior determination of the State Industrial Board would have on the case and whether or not the case of Slattery v.