Case law

Sherwood v. New York State Board of Elections

17 Misc. 3d 922 · New York Supreme Court · Oct 16, 2007

(Matter of Crane v Voorhis, 257 NY 298 ). … In Dillon v New York State Bd. of Elections ( 2005 WL 2847465 , *7, 2005 US Dist LEXIS 25853 , *20-21 [ED NY, Oct. 31, 2005]), the U.S.

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.

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.”

Kilmer v. Board of Education

154 Misc. 2d 649 · New York Supreme Court · Aug 14, 1992

(See, Matter of Connell v Board of Educ., 106 AD2d 866 ; Matter of Boyer v Board of Educ., 132 Misc 2d 282 .) … (See, Waiters v Board of Educ., supra, at 887; Steele v Board of Educ., supra.) Mr.

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.

Macchiarola v. Teachers' Retirement Board

104 Misc. 2d 1131 · New York Supreme Court · Jul 10, 1980

The chancellor, upon the refusal of the local board, superseded the local community board and appointed three trustees to replace the board for the purpose of administrating its affairs. … After hearing the parties and examining the papers submitted, the court concludes that the substantial rights of the board of education would not be impaired or prejudiced by the discontinuance (Schimansky v Moduline Inds

Collin v. Community Board 7

149 Misc. 2d 610 · New York Supreme Court · Feb 18, 1991

Cases such as Matter of Town of Hempstead v Commissioner of State of N. Y. … Off. of Mental Retardation & Developmental Disabilities ( 119 AD2d 582 ), or Grasmere Homeowners’ Assn. v Introne ( 84 AD2d 778 ), are not to the contrary.

Barni v. Board of Education

96 Misc. 2d 192 · New York Supreme Court · Jul 17, 1978

(Matter of Sanford v Rockefeller, 35 NY2d 547 , app dsmd sub nom. … Sanford v Carey, 421 US 973 ; Matter of Lawson v Board of Educ. 62 Misc 2d 281 , affd 35 AD2d 878 , app dsmd 28 NY2d 993 , app dsmd 404 US 907 ; Matter of Kiernan v Bronstein, 73 Misc 2d 629 ; Matter of Zeluck v Board of

Board of Education v. Sobol

161 Misc. 2d 393 · New York Supreme Court · Dec 9, 1993

In addition, review is limited to the record before the agency (Matter of Fanelli v New York City Conciliation & Appeals Bd., 90 AD2d 756 , affd 58 NY2d 952 ), and the grounds invoked by respondent (Matter of Scherbyn v Wayne-Finger … Assn. v Sobol, 79 NY2d 333, 336-340 ).

Sedita v. Board of Education

82 Misc. 2d 644 · New York Supreme Court · Jul 18, 1975

In January, 1973 the respondent Board of Education of the City of Buffalo (the Board) appointed Jane McDevitt as Supervisor of Personnel. … (Parker v Borock, 5 NY2d 156 ; Matter of Soto [Goldman], 7 NY2d 397 ; Chupka v Lorenz — Schneider Co., 12 NY2d 1 .)

Melohn v. Conciliation & Appeals Board

74 Misc. 2d 882 · New York Supreme Court · Mar 28, 1973

In this article 78 proceeding, petitioner landlord seeks to vacate a determination of respondent Conciliation and Appeals Board, denying petitioner’s application for the establishment of a higher rental for the subject apartment

Fishel v. New York City Conciliation & Appeals Board

123 Misc. 2d 841 · New York Supreme Court · Mar 19, 1984

; Matter of Colton v Berman, 21 NY2d 322 ). … This is a material term and condition of the lease (Tann Realty Co. v Thompson, 112 Misc 2d 392 ).

Septimus v. Board of Zoning Appeals

50 Misc. 3d 968 · New York Supreme Court · Dec 16, 2015

(Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. … (See Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 [2d Dept 2005].)

Wise v. Board of Elections

43 Misc. 2d 636 · New York Supreme Court · Jun 19, 1964

to whether the statute does not violate section 1 of article I of the Constitution which forbids the disfranchisement of citizens of the State (Matter of Hopper v. … Y. 144 ; Johnson v. City of New York, 274 N. Y. 411, 423 ). In this court’s view of the matter, however, it is unnecessary to decide the constitutional question.

Town & Country Plaza, Inc. v. Board of Assessors

10 Misc. 2d 942 · New York Supreme Court · May 1, 1958

The board of assessors declined to decrease the assessment and this proceeding for a review of the same was instituted. … Respondent relies primarily upon Matter of Hunt Foods v. Basinait (4 A D 2d 1002).

Board of Managers v. Pickett

159 Misc. 2d 1076 · New York Supreme Court · Jan 20, 1994

The sole issue raised on this motion is one of priority between a previously recorded condominium board of managers’ lien for unpaid common charges and a Federal income tax lien subsequently filed against the record owner … Co., 374 US 84 ; United States v Acri, 348 US 211 ; United States v Security Trust & Sav. Bank, 340 US 47 ).

Weisman v. Board of Education

37 Misc. 2d 1038 · New York Supreme Court · Dec 3, 1962

During the period, May 20,1960 to February 6, 1962, petitioner was assigned by the Board’s division of personnel to the Board’s headquarters and was absent with pay at the direction of the Board’s division of personnel from … (Collery v. Teachers’ Retirement Bd., 267 App. Div. 835, 836 ; Matter of Munter v. Theobald, N. Y. L. J., Feb. 14, 1962, p. 16, col. 4, affd. 17 A D 2d 854.)

Shucard v. Teachers' Retirement Board

36 Misc. 2d 42 · New York Supreme Court · Jun 11, 1962

The Transit Commission was not a city body, but was a State body (Matter of McKinney v. McGoldrick, 243 App. Div. 210 ; Matter of McAneny v. Board of Estimate, 232 N. Y. 377, 390 ; Matter of Bacom v. Conway, 294 N. … (Public Service Law, §§ 13, 14; Matter of McKinney v. McGoldrick, 266 N. Y. 632; Matter of Powers v. La Guardia, 292 N. Y. 695 .) They were paid by the City as a matter of State administration.

Kontos v. Board of Education

103 Misc. 2d 53 · New York Supreme Court · Jan 15, 1980

(Flanagan v Board of Educ., 63 AD2d 1013 ; Ruocco v Doyle, 38 AD2d 132 .) … No. 6 of Towns of Islip & Smithtown v New York State Human Rights Bd., 35 NY2d 371 .)

Mullin v. Board of Education

101 Misc. 2d 575 · New York Supreme Court · Oct 25, 1979

(Pickering v Board of Educ., 391 US 563 .) … (Tischler v Board of Educ., 37 AD2d 261, 264 .)