Case law

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  • DiPietro v. New York State Board of Elections

    30 Misc. 3d 449 · New York Supreme Court · Sep 27, 2010

    The instant situation is similar to the anomalous situation in Matter of Curley v Zacek ( 22 AD3d 954 [2005]). … The court has checked the Board’s computations and has determined that the number of invalid signatures after the Board’s review is 2,349.

    Cited 2 timesPublished
  • Video Microwave, Inc. v. Zoning Board of Appeals

    77 Misc. 2d 798 · New York Supreme Court · Apr 8, 1974

    Pruzan v. Redman ( 60 Wn. 2d 521 ). … Water Corp. v. Michaelis, 28 A D 2d 887; Matter of Long Is. Light. Co. v. Horn, 23 A D 2d 583; Matter of Long Is. Light. Co. v. City of Long Beach, 280 App. Div. 823 , affd. 305 N.

    Cited 2 timesPublished
  • Valdivieso v. Community School Board of District One

    67 Misc. 2d 1007 · New York Supreme Court · Nov 2, 1970

    Although both sides argue its significance, citing Stern v. Cangiano (N. Y. L. J., Dec. 24, 1969, p. 12, col. 3) neither has seen fit to submit a copy of the latter letter or resolution. … Y. v. Siebel, 6 N Y 2d 536, 543). The court may not impute to the Legislature an intent other than that warranted by the language of the legislation (Waterloo Woolen Mfg. Co. v. Shanahan, 128 N. Y. 345 ).

    Cited 5 timesPublished
  • People ex rel. Ramsdale v. Board of Supervisors

    16 Misc. 213 · New York Supreme Court · Feb 15, 1896

    Myers v. Barnes, 114 N. … Johnson v. Board of Supervisors of Delaware County, 45 N. Y. 196 ; People ex rel. Otsego County Bank v. Board of Supervisors of Oneida County, 51 id. 401.

    Cited 4 timesPublished
  • People ex rel. Noyes v. Board of Canvassers

    12 N.Y.S. 173 · New York Supreme Court · Dec 1, 1890

    People v. Board of Canvassers, 64 How. Pr. 337 : Felt's Case, 11 Abb. Pr. (N. S.) 207; People v. Cook, 8 N. Y. 67 . … that said board be reconvened for the purpose of correcting said errors.

    Cited 2 timesPublished
  • Avila v. Board of Education

    169 Misc. 2d 761 · New York Supreme Court · Sep 4, 1996

    Board of Educ., 35 NY2d 272, 281 ). … Wyman, 28 NY2d 434, 438 , quoted in Matter of Lezette v Board of Educ., supra, at 281; Matter of Ward v Nyquist, 43 NY2d 57, 63 ; Mahony v Board of Educ., 140 AD2d 33, 37 ).

    Cited 0 timesPublished
  • Board of Managers v. Church of Holy Comforter

    164 Misc. 2d 661 · New York Supreme Court · May 28, 1993

    This rule was later restated and approved by the Supreme Court in Jones v Wolf (443 US 595 [1979]). … Church v United Presbyt. Church, at 122, supra).

    Cited 3 timesPublished
  • New York State Crime Victims Board v. Wendell

    12 Misc. 3d 801 · New York Supreme Court · May 8, 2006

    Crane, 417 F Supp 38 [1976]; United States v Williams, 279 Md 673, 370 A2d 1134 [1977]; Elmwood v Elmwood, 295 NC 168, 244 SE2d 668 [1978]; Baker v Baker, 91 Wash 2d 482, 588 P2d 1164 [1979].) … Those provisions require various individuals or entities to notify the Crime Victims Board and the victim when the inmate receives funds in excess of $10,000, excluding child support and earned income.

    Cited 3 timesPublished
  • O'Neill v. New York Board of Fire Underwriters

    191 Misc. 485 · New York Supreme Court · Apr 27, 1948

    The court is unable to follow the decision in Semar v. Great Eastern Fuel Co. ( 191 Misc. 552 ) relied upon by plaintiffs. The motion to strike out the second and third defenses is denied.

    Cited 3 timesPublished
  • People ex rel. Dellett v. Board of Health

    56 Misc. 26 · New York Supreme Court · Sep 15, 1907

    Young v. Collis, 6 App. Div. 468 ; People ex rel. Miller v. Justices of Court of General Sessions, 78 Hun, 334 ; People ex rel. McDonald v. Lantry, 48 App. Div. 131 ; *28 People ex rel. Croft v. … Finn v. Greene, 87 id. 346.

    Cited 2 timesPublished
  • Shubert v. New York City Conciliation & Appeals Board

    127 Misc. 2d 494 · New York Supreme Court · Sep 6, 1984

    Kirby, 36 NY2d 526 ; Minton v Domb, 63 AD2d 36 ). … v Berger, 43 NY2d 102 ).”

    Cited 1 timesPublished
  • Wadsworth v. Board of Supervisors

    115 N.Y.S. 8 · New York Supreme Court · Sep 30, 1908

    Woods v. Board of Supervisors, 136 N. Y. 403, 410 , 32 N. E. 1011 . … Adamson v. Union R. R. Co., 74 Hun, 3 , 26 N. Y. Supp. 136 . In People v.

    Cited 0 timesPublished
  • Bryant Westchester Realty Corp. v. Board of Health

    91 Misc. 2d 56 · New York Supreme Court · Jul 15, 1977

    Co. v Board of Health, 88 Misc 2d 970 , sustaining the section’s validity.) Other views were presented and considered. … (Defiance Milk Prods. v DuMond, 309 NY 537, 540 ; Grossman v Baumgartner, 17 NY2d 345, 349-350 .)

    Cited 8 timesPublished
  • Premier Electric Installation Co. v. Board of Education

    20 Misc. 2d 286 · New York Supreme Court · Aug 28, 1959

    low bidder and it seeks a review of the board’s action in awarding the contract to Pansco. … No. 1, Town of Islip, v. Gumbs, 20 Misc 2d 315 ) Ms failure to do so amounted to an amendment to Ms bid which would defeat the purpose of the sealed bid requirement.

    Cited 4 timesPublished
  • Box Board & Lining Co. v. Vincennes Paper Co.

    45 Misc. 1 · New York Supreme Court · Aug 15, 1904

    Lukens Iron & Steel Co. v. Payne, 13 App. Div. 11 , 43 N. Y. Supp. 37 6; Parmele Co. v. Haas, 171 N. Y. 579 . … Lindheim v. Sitt, 33 Misc. Rep. 62 . Moreover, in view of the conclusion expressed by the Court of Appeals upon the question certified in Parmele Co. v.

    Cited 2 timesPublished
  • People ex rel. Lefever v. Board of Supervisors

    32 Barb. 473 · New York Supreme Court · Sep 3, 1860

    (People v. Ransom, 2 Comst. 490. People v. Supervisors of Westchester, 15 Barb. 608.) In this instance the writ appears to do so. … (Commercial Bank v. Canal Commissioners, 10 Wend. 25 .) The return is to be considered an entirety. (The People v. Vail, I Wend. 38.)

    Cited 2 timesPublished
  • Pierre Pellaton Apartments, Inc. v. Board of Assessors

    71 Misc. 2d 515 · New York Supreme Court · Oct 11, 1972

    the rates published by the New York State Board of Equalization. … The respondent Board of Assessors now moves to preclude the petitioner from raising the issue of ratio at the trial.

    Cited 1 timesPublished
  • People ex rel. Board of Education v. Grace

    1 N.Y.S. 661 · New York Supreme Court · Jun 19, 1888

    All the expenses of the board of education for 1887 have presumably long since been paid. … In the case of People v. Common Council, 82 N. Y. 575 , the court of appeals says: “We do not decide mere abstract questions, from the determination of which no practical result can follow.”

    Cited 4 timesPublished
  • Faville v. Board of Education

    116 Misc. 2d 70 · New York Supreme Court · Oct 15, 1982

    (Matter of Jerry v Board of Educ., 35 NY2d 534, 542 .) … In Matter of Bott v Board of Educ. ( 41 NY2d 265 , 269), the court stated that the proscription may not be circumvented indirectly by setting the effective date of punishment retroactively.

    Cited 0 timesPublished
  • People ex rel. Bell v. Board of Canvassers

    65 Misc. 223 · New York Supreme Court · Dec 15, 1909

    all produced in court; and it was substantially conceded by the parties that exhibits 1, 2, 3, 4,, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18 and 19 were void, leaving but exhibits 8 and 16, which had been rejected by the board … has its lines intersecting upon the lower line of the voting square, so that there is no cross mark whatever within the square, but simply two lines converging to an acute angle at said lower line and forming nearly a “ V

    Cited 3 timesPublished

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