Case law

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.

Goldin v. Board of Education

68 Misc. 2d 89 · New York Supreme Court · Sep 27, 1971

As this court stated in Matter of Kaufman v. … Hudak v. Hornell Ind., 304 N. Y. 207 ).”

Hughes Hubbard & Reed LLP v. Civilian Complaint Review Board

53 Misc. 3d 947 · New York Supreme Court · Aug 17, 2016

Petitioner Hughes Hubbard & Reed LLP moves for a judgment, pursuant to article 78 of the CPLR, directing the Civilian Complaint Review Board (CCRB) and Louis Scarcella (respondents) to disclose certain records pursuant to … v Phelps, 128 AD3d 1545 [4th Dept 2015]).

Abate v. Board of Elections

64 Misc. 2d 79 · New York Supreme Court · Sep 18, 1970

sufficiency of a certificate of nomination filed by a county committee which certificate is in accordance with subdivision 9 of section 131 of the Election Law will not justify rejection of the nomination made (Matter of Gresser v. … party should not be disenfranchised merely because of technical defects in the nomination of a candidate and a liberal construction and interpretation should be encouraged and adopted in keeping with public policy (Connolly v.

Board of Supervisors v. Allen

40 N.Y. Sup. Ct. 220 · New York Supreme Court · May 15, 1884

(People ex rel. v. Supervisors, 11 Hun, 307 , opinion of Gilbert, J.) … (Potter’s Dwarris, 179; Edwards’ Lessee v. Darby, 12 Wheat., 210 .)

Capri Marina & Pool Club v. Board of Assessors

84 Misc. 2d 1096 · New York Supreme Court · Jan 21, 1976

Sewage from the sink and bathroom facilities on board the barge is disposed of through a pipeline running from the barge to a public sewage system on the upland property. … Corp. v Board of Assessors of Town of Riverhead, 2 NY2d 500 ), and for tax purposes real property is defined by statute to encompass: "(b) Buildings and other articles and structures, substructures and superstructures erected

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 .)

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.

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

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.

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.)

Landon v. Board of Supervisors

31 N.Y. Sup. Ct. 75 · New York Supreme Court · Jan 15, 1881

The language in Sherman v. Wright ( 49 N. Y., *77 232 ) implies that there are such eases. This is held in Capet v. Parker ( 3 Sandf., 662 ); Forrester v. Wilson ( 1 Duer, 624 ), and in some other cases. … (Brooks v. Galster, 51 Barb., 196 ; King v. Wilcomb, 7 id., 263 .)

Tape Vee Corp. v. Town Board of Hempstead

55 Misc. 2d 989 · New York Supreme Court · Nov 30, 1967

In this proceeding pursuant to CPLR article 78, petitioners apply for ¡judgment vacating, annulling and setting aside respondent town board’s Resolutions No. 1443-1967 and No. 1977-1967 wherein respondent board states they … Should the board’s decisions be permitted to stand and should the Village of Garden City terminate its lease after Aurora’s building is completed, Aurora would be begging the board for different and further relief and this

Dimowitz v. Teachers' Retirement Board

33 Misc. 2d 1067 · New York Supreme Court · Apr 6, 1962

Such invalid employment cannot constitute valid city service (Palmer v. Board of Educ., 276 N. Y. 222 ; People ex rel. Hannan v. Board of Health, 153 N. … Y. 258 ; Matter of Millicker v. Board of Educ., 300 N. Y. 634 ). The other defenses raised as to certain of the petitioners are not considered in view of the over-all disposition made herein. Petition dismissed.

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.

New York State Crime Victims Board v. Majid

193 Misc. 2d 710 · New York Supreme Court · Sep 24, 2002

Assn. of Am. v Harnett, 44 NY2d 302 , 310). … The subdivision extends no powers or duties to the board. .

Ehrlich v. New York City Conciliation & Appeals Board

124 Misc. 2d 217 · New York Supreme Court · Mar 20, 1984

This is a petition brought by the tenants of an apartment in New York City to annul a determination of the Conciliation and Appeals Board (CAB) which dismissed a petition on the grounds of loss of jurisdiction. … , 294 NY 180 ; Waddey v Waddey, 290 NY 251 ; Jacobus v Colgate, 217 NY 235, 245 ).

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.)

Ellison v. Board of Appeals

28 Misc. 2d 552 · New York Supreme Court · May 1, 1961

(Matter of Ellison v. Board of Appeals of City of Long Beach, 25 Misc 2d 749 .) … Matter of Reed v. Board of Stds. & Appeals ( 255 N.

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.