Case law

New York Telephone Co. v. Board of Trustees

70 Misc. 2d 559 · New York Supreme Court · Jul 12, 1972

Section 1412 of the Real Property Tax Law permits the board of1 trustees of any village upon the verified petition of the assessor to correct errors of the assessment roll where there has been a mistake and the value is different … (Matter of Lessen v. Stevens, 30 A D 2d 740; Blooming Grove Props, v. Board of Assessors of Town of Blooming Grove, 34 A D 2d 953.) Hence, the cross motion under the circumstances is denied as being premature.

Fields v. New York City Campaign Finance Board

23 Misc. 3d 658 · New York Supreme Court · Jan 13, 2009

Bd. v Ortiz ( 38 AD3d 75 [1st Dept 2006]), the Board demanded repayment of public funds as *665 overpayments and disqualified expenditures under Administrative Code § 3-710 (2) (a) and (b). … Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 230-231 [1974]).

Nash v. Board of Education

76 Misc. 2d 903 · New York Supreme Court · Dec 26, 1973

(Matter of Baron v. Mackreth, 30 A D 2d 810, affd. 26 N Y 2d 1039; Matter of Lezette v. Board of Educ., 43 A D 2d 755; Matter of Olive Branche, Decision No. 8477 of Commissioner of Education.)

Schwartz v. Board of Estimate of New York

203 Misc. 701 · New York Supreme Court · Jan 23, 1953

Cummings v. Koch, 40 Hun 640 , opinion in 2 N. Y. St. Rep. 110; see, also, Matter of Meenagh v. Dewey, 286 N. Y. 292, 301 , and People ex rel. Garvey v. Prendergast, 148 App. Div. 129 ). … I do not regard Matter of Mercer v. Dowd ( 288 N.

Bradley v. Board of Supervisors

70 Misc. 2d 331 · New York Supreme Court · May 30, 1972

(Graham v. Board of Supervisors of Erie County, 51 Misc 2d 942 ; Michl v. Shanklin, 50 Misc 2d 460 , affd. 25 A D 2d 925, mod. on other grounds 17 N Y 2d 906.) … [b]; Seaman v. Fedourich, supra.)

McDermott v. Board of Police for Metropolitan Police District

5 Abb. Pr. 422 · New York Supreme Court · Dec 15, 1857

It is the case of The State v. Samuel Jacobs, a free negro (2 Jones, Law R., 52). … A similar principle was recognized in the case of Graham v. Sackett ( 6 B. Mon., 146 ). In that case, the County Court oí one of the counties in Kentucky removed a jailor without notice to him.

People ex rel. Lawyer v. Board of Supervisors

39 Misc. 162 · New York Supreme Court · Oct 15, 1902

The rate for the town of Oobleskili, .0047, was known by the board, for they had previously fixed it in levying the taxes against the town. … as the board acted under legal advice, and evidently in good faith, the writ should issue without costs.

Milchman v. Board of Estimate

31 Misc. 2d 483 · New York Supreme Court · Oct 25, 1961

In Matter of Nilsson v. La Guardia ( 259 App. … But as also stated in Matter of Nilsson v.

Board of Education v. Boken

64 Misc. 2d 907 · New York Supreme Court · Dec 9, 1970

Defendant is a teacher, who in June of 1967 had been employed in the schools of the plaintiff board for a period of seven years. … No. 2 v. Cohen, 60 Misc 2d 337 .) Accordingly the motion is granted and plaintiff is awarded summary judgment as prayed for in the complaint.

King Metal Products, Inc. v. Workmen's Compensation Board

29 Misc. 2d 742 · New York Supreme Court · Jun 29, 1961

On the reverse side appeared the legend: “ In full settlement and release of all claims Workmen’s Compensation Board (Hugh Hoyt) v. King Metal Products, Inc., on judgment entered therein for $1,173.60.” … Y. 326 ; Burstein v. Burstein, 12 Misc 2d 521 ; Dover Plumbing & Heating Corp. v. Graymarh Estates, 111 N. Y. S. 2d 521). The cases cited by petitioner Armour & Co. v. Schlacter (159 N. Y. S. 2d 135) and Horan v.

Pittman v. Board of Education

56 Misc. 2d 51 · New York Supreme Court · Nov 17, 1967

Petitioner requests order directing Board of Education to admit Darren Pittman to First Grade. … Kindergarten is part of public school (Matter of Isquith v. Levitt, 285 App. Div. 833 ).

Mallery v. Board of Supervisors

147 Misc. 2d 521 · New York Supreme Court · Jun 6, 1990

Before taking his oath of office petitioner met with the Board of Supervisors of the County of Schoharie and the Board agreed to pay him an annual salary of $50,000. … Board of Elections, 144 AD2d 175, 177 ).

Lamberti v. Board of Education

26 Misc. 2d 56 · New York Supreme Court · Sep 30, 1960

while it is true that failure to appeal to the Commissioner of Education in the first instance does not necessarily preclude court review when petitioner relies on the violation of a clear legal right (Matter of Frankle v. … Board of Educ., 173 Misc. 1050 , mod. 259 App. Div. 1006 , affd. 285 N. Y. 541 ; Matter of Jacobson v. Board of Educ., 177 Misc. 809 ), he is so disabled where, as here, no such right exists.

Board of Education v. Allen

48 Misc. 2d 343 · New York Supreme Court · Dec 1, 1965

(Matter of Board of Educ. of City of N. Y. v. Allen, 6 N Y 2d 127, and cases cited therein.) … (Matter of Vetere v. Allen, 15 N Y 2d 259.) The court does not agree with respondent’s interpretation of the Vetere opinion.

Malloy v. Board of Health

67 N.Y. Sup. Ct. 422 · New York Supreme Court · Jul 15, 1891

The Board of Health has no place as a defendant. It is a town agency only. The claim must be presented to the town auditors for audit. (Myers v. Barnes, 114 N. Y., 324 ; People ex rel. Board of Health, etc., v. … Board of Supervisors of Monroe County, 18 Barb., 567 ; Bell v. Town of Esopus, 49 id., 506.) The judgment should, therefore, be affirmed, with costs. Pratt, J., concurred; Dticman, J., not sitting.

People ex rel. Wilson v. Board of Trustees

13 N.Y.S. 447 · New York Supreme Court · Feb 11, 1891

of trustees as a board, and not in the individual members. … Cas. 79 ; People v. Lane, 55 N. Y. 219 ; Foot v. Stiles, 57 N. Y. 399 .

Milevoi v. Conciliation & Appeals Board

129 Misc. 2d 1029 · New York Supreme Court · Nov 12, 1985

(Matter of Sehoen v Schechter, 9 Misc 2d 823 , affd 5 AD2d 866 ; see, Matter of Velardi v Lang, 25 AD2d 737 ; see also, Matter of Kennedy v Macaluso, 86 AD2d 775 , affd 56 NY2d 630 ; Matter of Anonymous, 71 Misc 2d 943, 944 … ; Matter of Masters v Masters, 55 Misc 2d 466 .)

Mutual Benefit Life Insurance v. Board of Supervisors

33 Barb. 322 · New York Supreme Court · Feb 4, 1861

The point raised in this case was decided in Heywood v. City of Buffalo, ( 14 N. Y. … (Fuller v. Allen and others, S. C. May term 1858.) In Van Doren v. The Mayor &c, of *323 N.

People on rel. Cook v. Board of Police

16 Abb. Pr. 473 · New York Supreme Court · Dec 15, 1863

I feel constrained, however, to remark that the judge at special term was not too strong in his language when he characterized the action of the Board of Police Commissioners in this case as a proceeding which shocks one’ … I would merely amend his exclamation by saying that the proceeding is such as to shock every man’s sense of justice, excepting only that of the men then composing the board. Order affirmed with costs.

Cohen v. Board of Education

115 Misc. 2d 711 · New York Supreme Court · Sep 7, 1982

Upon the termination of the contract, the board of education, in accordance with procedure, has offered an alternative “location” for the majority of the students and is seeking placement for the balance. … v New York City Bd. of Educ., 629 F2d 751; Gebhardt v Ambach, 82 Civ 244 E [WDNY] 1982).