Case law

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.

Berry v. Attica Prison Board

59 Misc. 2d 392 · New York Supreme Court · Apr 10, 1969

(See, e.g., Lawson v. Coiner, 291 F. Supp. 79 ; Wingo v. Lyons, 432 S. W. 2d 821 [Ky.].) … (See, e.g., Sostre v. Mailler, 9 A D 2d 828, cert. den. 363 U. S. 821 ; Matter of Hines v. State Bd. of Parole, 293 N. Y. 254 ; People ex rel. Gariti v. Brophy, 255 App. Div. 823 , app. dsmd. 279 N. Y. 778 .)

McCabe v. Board of Trustees

56 Misc. 2d 329 · New York Supreme Court · Jan 29, 1968

As stated recently by the Circuit Court of Appeals in Madera v. Board of Educ. of City of N. … It is also on this basis that cases such as Matter of Kabelka v. City of New York ( 55 Misc 2d 570 ) are distinguishable.

Paccione v. Board of Education

20 Misc. 2d 896 · New York Supreme Court · Oct 30, 1959

Co. v. City of South Miami, 108 Fla. 362 ; State ex rel. Eaves v. Rickards, 16 Mont. 145 ; Mazet v. City of Pittsburgh, 137 Pa. 548 ; Commonwealth ex rel. Snyder v. Mitchell, 82 Pa. 343 ; Best v. … City of Omaha, 138 Neb. 325 ; Williams v. City of Topeka, 85 Kan. 857 ; Hallett v. City of Elgin, 254 Ill. 343 ; O’Neil v. City of Chicago, 205 Ill. App. 508 ).

Lewis v. Board of Estimate

25 Misc. 2d 22 · New York Supreme Court · Dec 22, 1959

V, § 7.) … As stated in Birnbaum v.

Coaxum v. New York State Board of Parole

14 Misc. 3d 661 · New York Supreme Court · Sep 8, 2006

(See Matter of Browne v New York State Bd. of Parole, 10 NY2d 116, 122 [1961]; Matter of Hawkins v Coughlin, 132 Misc 2d 45, 47 [Sup Ct, Queens County 1986], affd 132 AD2d 381 [2d Dept 1987], affd 72 NY2d 158 [1988].) … Ignoring this sentence that the court imposed, the Board effectively undertook an unauthorized resentencing (Wallman v Travis, 18 AD3d at 307), substituting the Board’s own opinion of the sentence warranted by petitioner’

Daniman v. Board of Education

23 Misc. 2d 664 · New York Supreme Court · Jul 8, 1959

The facts in this case closely parallel those in Shlakman v. Board of Higher Educ. ( 5 Misc 2d 901 , [Hart, J.]). … When the matter came on before Special Term the application was denied and the proceeding was dismissed (Matter of Daniman v. Board of Educ., 202 Misc. 915 ). On June 15,1953, the Appellate Division affirmed ( 282 App.

Board of Education v. Allen

45 Misc. 2d 981 · New York Supreme Court · Apr 8, 1965

(Matter of Ross v. Wilson, 308 N. Y. 605, 608 .) (Matter of Levitch v. Board of Educ., 243 N. Y. 373 .) In Matter of the Board of Educ. of the City of N. Y. v. … (Matter of Board of Educ. of City of N. Y. v. Allen, supra, p. 141.) These principles seem well settled. The present case presents a somewhat different and more significant problem.

Daniels v. Board of Education

122 Misc. 2d 367 · New York Supreme Court · Jan 11, 1984

(Matter of Steele v Board of Educ., 53 AD2d 674 , affd 42 NY2d 840 ; Matter of Amos v Union Free School Dist. … No. 9, 47 AD2d 711 ; Matter of Amos v Board of Educ., 54 AD2d 297 , affd 43 NY2d 706 ; Matter of Chambers v Board of Educ., 58 AD2d 961 , 62 AD2d 109 , affd 47 NY2d 279 ; Matter of Rappold v Board of Educ., 112 Misc 2d 388

Gordon v. Board of Education

45 Misc. 2d 28 · New York Supreme Court · Dec 2, 1964

Co. v. Stecker, 3 N Y 2d 1; Town of Putnam Val. v. Slutsky, 283 N. Y. 334, 343 ). … Board of Educ. of City of N. Y., 34 Misc 2d 8 ; Matter of Franck v. Board of Educ. of City of N. Y., 33 Misc 2d 1075 ; Matter of Groad v.

Szendy v. Board of Education

22 Misc. 2d 1 · New York Supreme Court · Mar 2, 1960

Div. 90, 95 .) ” (Baldwin v. City of Buffalo, 7 A D 2d, 386, 387.) … Div. 960 ; Matter of Ross v. Wilson, 284 App. Div. 522 ; Mancuso v. Board of Educ., 282 App. Div. 1097 ).

Bauer v. Board of Education

43 Misc. 2d 65 · New York Supreme Court · Apr 29, 1964

The case of Welling v. … (Hurley v. Board of Educ. of City of N. Y., 270 N. Y. 275 , supra.)

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 .)

Humphreys v. Board of Education

5 Misc. 2d 594 · New York Supreme Court · Feb 5, 1957

(Sulz v. Mutual Reserve Fund Life Assn., 145 N. Y. 563, 574 .)

Daskawisz v. Board of Trustees

91 Misc. 2d 1006 · New York Supreme Court · Feb 25, 1977

(Matter of O’Hara v Monaghan, 309 NY 931 ; Matter of Connolly v Kennedy, 9 Misc 2d 49 ; Tenore v City of New York, NYLJ, Dec. 3, 1963, p 12, col 6.) … (Tenore v City of New York, supra.) Dr. Berg’s letter is deficient for the above reasons. He does not dispute that petitioner is seriously ill.

Elsberg v. Board of Education

99 Misc. 2d 1101 · New York Supreme Court · Jun 22, 1979

Respondent cites Matter of Board of Educ. v Nyquist ( 31 NY2d 468 ), as being directly in point. … Corp. v Board of Educ., 7 NY2d 381 ; Matter of Moritz v Board of Educ., 60 AD2d 161 .) He has relied on the actions of the board of education and its representatives and has acted upon that reliance.

Dubato v. Board of Trustees

8 Misc. 2d 346 · New York Supreme Court · Aug 9, 1957

The petitioner also disputes the conclusions arrived at by the board. … This court concludes that there was sufficient evidence to sustain the board’s finding, determination and decision. (Matter of Santoro v. Mirshel, 184 Misc. 666 , affd. 269 App. Div. 1046 [2d Dept.].)

People ex rel. Sholes v. Board of Sup'rs

31 N.Y.S. 63 · New York Supreme Court · Dec 7, 1894

of court By section 3 it was provided that: “Such local officers shall receive for the services to be rendered by them under the provisions of this act, such compensation as shall be allowed to them respectively by the boards … The court were then of the opinion that sections 2484 and 2493 did not apply, and that the officer was entitled only to such compensation as was allowed by the board of supervisors in the salary which they fixed.

People ex rel. Williams v. Board of Supervisors

15 How. Pr. 225 · New York Supreme Court · May 15, 1857