Case law

People ex rel. Wood v. Board of Commissioners

27 N.Y.S. 41 · New York Supreme Court · Jan 18, 1894

See People v. Commissioners of Excise, (Sup.) 24 N. Y. Supp. 739 ; People *43 v. Truman, (Sup.) 23 N. Y. Supp. 913 . … the commissioners, yet we can have no doubt that the commissioners were justified in giving to such vote a controlling effect in the exercise of their discretion whether to grant or refuse license in their town, (People v.

People ex rel. Wagner v. Board of Trustees

17 Misc. 652 · New York Supreme Court · Jul 15, 1896

Hoffman v. … Wren v. Groetting, 133 N. Y. 569 . This later principle, which was not involved in People ex rel. Corrigan v. Mayor, supra, was properly invoked in People ex rel. Hoffman v. Rupp, supra.

Oakwood Island Yacht Club, Inc. v. Board of Appeals

32 Misc. 2d 677 · New York Supreme Court · Nov 14, 1961

The board does not exercise inherent power and is not a free agent. (De Ville Homes v. Michaelis, 201 N. Y. S. 2d 129, 130; Matter of Pearson v. Shoemaker, 25 Misc 2d 591 ; Matter of Vit-Al Bldg. Corp. v. … Co. v. Ruge, 141 Misc. 913 , affd. 235 App. Div. 627 ; Matter of Small v. Moss, 279 N. Y. 288, 297 ; Matter of Picone v. Commissioner of Licenses, 241 N. Y. 157, 161 ; Matter of Lyons v. Prince, 281 N. Y. 557, 561 .)

Fennessy v. Ross

35 N.Y.S. 868 · New York Supreme Court · Nov 15, 1895

The case at bar differs radically from that of Barnes v. Brown, supra, in that in Barnes v. … The case of Barr v. Railroad Co., 125 N. Y. 263 , 26 N. E. 145 , is no authority for the contrary proposition. Nor is the case of Barnes v. Brown, already cited.

Community Board 7 of Borough of Manhattan v. Schaffer

150 Misc. 2d 770 · New York Supreme Court · Feb 22, 1991

No. 2 v Board of Stds. & Appeals ( 43 AD2d 670 [1st Dept 1973]), the court reinstated individual tenants as proper petitioners in an article 78 proceeding to review a variance granted by respondent Board of Standards and … No. 4 v Board of Estimate ( 88 AD2d 832 [1st Dept 1982]), the petitioner Board sought to annul a decision of the Board of Estimate made after public hearings which affirmed a grant of a zoning variance to a realtor regarding

Planned Parenthood of Westchester Inc. v. Town Board

154 Misc. 2d 971 · New York Supreme Court · Jan 10, 1992

An appeal of the denial was then made to respondent Town Board of the Town of Greenburgh. … (Public Officers Law § 89 [4] [c]; Matter of MacRae v Dolce, 130 AD2d 577, 578 ; Wurster v LeFevre, 152 AD2d 810, 811 .)

Independence Terrace Corp. v. Board of Standards & Appeals

35 Misc. 2d 368 · New York Supreme Court · Jan 16, 1962

In these circumstances, the board’s finding that the land is a park or a public place has substantial evidence to support it. … The board’s motion to vacate the order of certiorari is granted, the petition is dismissed, and the determination of the board affirmed. The cross motion is denied.

People ex rel. Hasbrouck v. Board of Supervisors

22 How. Pr. 71 · New York Supreme Court · Oct 15, 1861

The want of funds is no reason why the board should not audit such an account, though it might necessarily delay the payment. The order appealed from is affirmed, with ten dollars costs.

Brady v. New York State Board of Parole

36 Misc. 2d 159 · New York Supreme Court · Aug 30, 1962

The petitioner brings this article 78 proceeding on the authority of Matter of Browne v. … Melick v. Jennings, 132 Misc. 197, 198 ).

Council of Supervisory Associations v. Board of Education

67 Misc. 2d 548 · New York Supreme Court · Sep 2, 1971

Assignment is still the function of the board. (See Matter of Van Heusen v. Board of Educ. of City of Schenectady, 26 A D 721 [1966]; Matter of Kropf v. Board of Educ. of City of N. … (Matter of Council of Supervisory Assns. v. Board of Educ. of City of N. Y., 65 Misc 2d 430 .) Then, in New York County, Mr.

Nemoyer v. New York State Board of Elections

125 Misc. 2d 1054 · New York Supreme Court · Oct 15, 1984

It has been held that the word “shall” is not always imperative or mandatory and can be merely a grant of authority (Munro v State of New York, 223 NY 208, 214 ; Matter of McCormick v Axelrod, 91 AD2d 1144 ). … , 65 AD2d 661 , mot for lv to app den 45 NY2d 897 ), nor would the court, in the exercise of its discretion, direct its acceptance and filing by the Board (Matter of Lauer v Board of Elections, 262 NY 416 ). *1060 The court

Harlem Bridge, M. & F. Railway Co. v. Town Board

22 N.Y.S. 1105 · New York Supreme Court · Dec 16, 1892

Mutual Benefit Life Insurance v. Board of Supervisors

20 How. Pr. 416 · New York Supreme Court · Mar 15, 1861

People ex rel. Allaben v. Board of Supervisors

12 How. Pr. 50 · New York Supreme Court · Jan 15, 1856

The relator should have presented to the board “ a certified copy of the docket of his judgment, or the record thereof, if required by the board.” (2 R. S. 475, § 102.) … Brown, overseer, 13 Barb. R. 599, and Green agt. Brown, 4 Hill, 558 , have been cited to establish such proposition.

DeVaux v. New York State Racing & Wagering Board

141 Misc. 2d 461 · New York Supreme Court · Oct 2, 1988

Brown, J. … (California v Trombetta, 467 US 479 ; People v Alvarez, 70 NY2d 375 .)

Tremarco v. New York State Board of Parole

109 Misc. 2d 577 · New York Supreme Court · Jun 11, 1981

the United States Supreme Court in Morrissey v Brewer ( 408 US 471 ). … Spinks v Harris ( 53 NY2d 784, 785 ) is misplaced.

Village of Russell Gardens v. Board of Zoning & Appeals

30 Misc. 2d 392 · New York Supreme Court · Aug 17, 1961

It has been held that a nonresident of a village is not an “ aggrieved” person when adjacent property within a village limits is permitted to be used for an objectionable use (Matter of Browning v. … As legislative acts, unless of a quasi-judicial nature, may not be reviewed in an article 78 proceeding (Matter of Paliotto v. Cohalan, 6 A D 2d 886, affd. 8 N Y 2d 1065; Matter of Rothstein v.

Gary Leasing, Inc. v. Town Board of Pendleton

127 Misc. 2d 194 · New York Supreme Court · Feb 6, 1985

In its memorandum of law, as authority for its action, the respondent Town Board cites General Business Law § 249 and the case of Port of N. Y. Auth. v Eastern Air Lines ( 259 F Supp 745 [1966]). … (See also, Town of Poestenkill v Sicho, 54 Misc 2d 191 .)

People ex rel. Noyes v. Board of Canvassers

14 N.Y.S. 948 · New York Supreme Court · Jan 23, 1891

Warder v. Board of Regents of the University

97 Misc. 2d 86 · New York Supreme Court · Sep 22, 1978

Carr, secretary to the New York State Board of Regents, during the course of open and public meetings. … It should be first noted that public disclosure laws require liberality of construction (Cuneo v Schlesinger, 484 F2d 1086, cert den sub nom. Rosen v Vaughn, 415 US 977 ; Matter of Burke v Yudelson, 81 Misc 2d 870 ).