Case law

Onondaga County Water District v. Board of Assessors

67 Misc. 2d 797 · New York Supreme Court · Oct 6, 1971

(Matter of Onondaga County Water Dist. v. Board of Assessors, 55 Misc 2d 481 , affd. 30 A D 2d 643, mot. for lv. to app. den. 22 N Y 2d 645.) … Parhlin Operating Corp. v. Miller, 287 N. Y. 126 ; Matter of Queensbury Hotel Corp. v. Board of Assessors of City of Glens Falls, 33 Misc 2d 302 ).

People ex rel. Anibal v. Board of Supervisors

6 N.Y.S. 591 · New York Supreme Court · Jul 6, 1889

People v. *592 Common Council, 77 N. Y. 503, at 511 . This rule is not in conflict with the rule that, on granting a peremptory mandamus, the facts stated in defendants’ affidavits must be taken as true. People v. … Therefore it was said in People v. Kingston, 101 N. Y. 82 , at page 96, 4 N. E. Rep. 348, that the board was the party respondent in the appeal.

Board of Education of the Union-Endicott Central School District v. New York State Public Employment Relations Board

168 Misc. 2d 284 · New York Supreme Court · Mar 25, 1996

The petitioner Board of Education of Union-Endicott Central School District (School Board) in this CPLR article 78 proceeding seeks an order annulling a determination of the respondent Public Employment Relations Board (PERB … (Jemzura v McCue, 45 AD2d 797 [3d Dept 1974], appeal dismissed 37 NY2d 750 ; see also, El Gemayel v Seaman, 72 NY2d 701, 705 [1988].)

Board of Education v. Allen

7 Misc. 2d 680 · New York Supreme Court · Jul 19, 1957

No. 1, Towns of Bethlehem, Coeymans & New Scotland, v. Wilson, 303 N. Y. 107 ; Matter of Levitch v. Board of Educ. of City of New York, 243 N. Y. 373 , motion for reargument denied 244 N. Y. 505 ; Bullock v. … Y. 566 ; Matter of O’Brien v. Commissioner of Educ., 3 A D 2d 321, 324; Matter of Hauser v. Wilson, 2 A D 2d 427; Matter of Beam v. Wilson, 279 App. Div. 277 ; Matter of Fabricius v. Graves, 254 App.

People ex rel. Andrus v. Board of Auditors

16 Misc. 92 · New York Supreme Court · Jan 15, 1896

This is an application for a writ of mandamus against the board of audit of the town of Champlain, requiring it to reconvene and audit the claim .presented by the relator to the said board at its last, meeting in 1895. … It is not disputed that it was the duty of the board of audit to audit and allow all proper claims made *93 against the said town, as provided by section 165 of chapter 458 of the Laws of 1893.

People ex rel. Sprague v. Board of Excise

36 N.Y.S. 678 · New York Supreme Court · Dec 3, 1895

In People v. Fire Com’rs of City of New York, 73 N. … And in People v. Commissioners Dept. Fire & Buildings, 106 N. Y. 67 , 12 N.

Dunavon v. Board of Education

54 N.Y. Sup. Ct. 13 · New York Supreme Court · Jan 15, 1888

Sims v. The Board of Fire Commissioners of the City of New York ( 13 N. … (See, also, Gillespie v. The Mayor, etc., 6 Daly, 286 ; The City of Chicago v. Edwards, 58 Illinois, 252; The City of Madison v. Korbly, 32 Indiana, 74.)

Board of Education v. Nielsen

19 Misc. 2d 1021 · New York Supreme Court · Jun 11, 1959

In Wilson v. Ford ( 148 App. … No such expansion of the easement can be justified from the language of the instrument creating it (Wilson v. Ford, supra).

People ex rel. Murtaugh v. Board of Assessors

58 How. Pr. 327 · New York Supreme Court · Jan 15, 1878

When the award was made by the board of assessors it was under the conviction that the houses had been erected prior to the change of the grade, and the error thus committed was subsequently corrected. … The list is now, however, certified to the board of revision and correction (Laws of 1861, chap. 308) and that board possessed the power to correct such an error as that complained of, namely, the omission to make the award

People ex rel. Donlon v. Board of Town Auditors

26 N.Y.S. 122 · New York Supreme Court · Dec 1, 1893

While it is true that we can reverse the determination of the board, even upon questions of fact, yet we can only do so where we find a preponderance of evidence against it. People v. French, 119 N. Y. 502 , 23 N. … Osterhoudt v. Rigney, 98 N. Y. 230 ; People v. Auditors of Town of Hannibal, 65 Hun, 418 , 20 N. Y. Supp. 165 ; People v. Queen’s Co. Sup’rs, 82 N. Y. 277 .

People ex rel. Gardenier v. Board of Supervisors

2 N.Y.S. 351 · New York Supreme Court · Aug 15, 1888

Nor will it be granted to control the discretion of an officer or board where a discretion is by law conferred upon such officer or board. Magee v. Supervisors, 10 Cal. 376 ; Ferry Co. v. Boston, 101 Mass. 488 . … In People v.

Michel v. Board of Supervisors

46 N.Y. Sup. Ct. 47 · New York Supreme Court · Jan 15, 1886

The cases of Francis v. Schoellkopf ( 53 N. Y., 152 ) and Wiel v. Stewart ( 19 Hun, 272 ) we think justify the ruling. … The case of Wiel v.

Auguti v. Board of Estimate

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

Board of Educ., 303 N. Y. 154 ; Pitt v. Board of Educ., 216 N. Y. 304 ; McCann v. City of New York, 52 App. Div. 358 , affd. 166 N. Y. 587 ). … (Matter of Don v.

Kortz v. Board of Canvassers of Greene County

12 Abb. N. Cas. 84 · New York Supreme Court · Nov 15, 1882

Welch v. … I invite also particular attention to the case of Morgan v.

Hand v. Board of Supervisors

38 N.Y. Sup. Ct. 531 · New York Supreme Court · Jan 15, 1884

(Bridges v. Board of Supervisors of Sullivan County, 92 N. Y., 570 .) The cases cited by the defendant seem to me to have no application to the principle involved in this statute.

Ensign v. Board of Supervisors

32 N.Y. Sup. Ct. 20 · New York Supreme Court · Jun 15, 1881

Van Keunen v. Town Auditors, 74 N. Y., 316 .) … (Bigelow v. Inhabitants of Randolph, 14 Gray, 541 ; Chidsey v. Town of Canton, 17 Conn., 475 ; Reed v. Inhabitants of Belfast, 20 Maine, 246; Eastman v. Town of Meredith, 36 N. H., 284.)

Boardman v. Board of Supervisors

29 N.Y. Sup. Ct. 231 · New York Supreme Court · Sep 15, 1880

In the case of Williams v. Supervisors ( 78 N. Y. 565 ), Judge Rapallo, in the prevailing, opinion, says: “ This provision, if standing alone, would doubtless authorize the assessment complained of.” … Ho therefore insists that the decision in the case of Williams v. Supervisors is decisive of the present.

People ex rel. Bergoffen v. Board of Education

79 Misc. 123 · New York Supreme Court · Jan 15, 1913

Callahan v. Board of Education, 174 N. … Sprague v. Maxwell, 87 App.

Rosenblum v. New York State Workers' Compensation Board

190 Misc. 2d 588 · New York Supreme Court · Feb 8, 2002

(Town of Lysander v Hafner, 96 NY2d 558 [2001].) … Co. v Gliedman, 62 NY2d 539 [1984].)

COOMAN v. BOARD OF EDUCATION

44 N.Y. Sup. Ct. 96 · New York Supreme Court · Jun 15, 1885

We regard Miller v. Adams ( 52 N. Y., 409 ) as an authority adverse to that contention in this collateral action. … The affidavit described him as “the superintendent of the board of education,” and he testified in the proceeding that he was superin *100 tendent of schools, and as such, clerk of the board of education.