Case law

People ex rel. Bennett v. Board of Supervisors

18 N.Y. St. Rep. 1032 · New York Supreme Court · Oct 19, 1888

People ex rel. Halsted v. Board of Canvassers

61 N.Y.S. 727 · New York Supreme Court · Dec 23, 1899

Justice Maddox, requiring the board of canvassers to show cause why a peremptory writ of mandamus should not issue commanding them to convene, and declare the relator elected to the office of justice of the peace, it appeared … The board has no jurisdiction to determine the question of eligibility, and what the board may not lawfully do the court will not command them to do.

People ex rel. Noyes v. Board of Canvassers

36 N.Y. St. Rep. 1019 · New York Supreme Court · Feb 20, 1891

Following People v. Board of Canvassers of Albany County, 46 Hun, 390 ; People v. Board of Canvassers of Seneca County, decided by the fifth department. Jan. 23, 1891, 35 N. Y.

People ex rel. Wemmell v. Board of Auditors

41 N.Y. Sup. Ct. 336 · New York Supreme Court · Dec 15, 1884

The act simply gave powers of legislation to effect the registration to boards of supervisors. It was not compulsory upon these boards to legislate. … Under this law the board of health of New Lots employed the relator to make complete and keep for the board of registration of births, deaths and marriages in the town.

Hampton Heights Development Corp. v. Board of Water Supply

136 Misc. 2d 906 · New York Supreme Court · Jan 27, 1987

(See generally, Vantage Petroleum, Bay Isle Oil Co. v Board of Assessment Review, 61 NY2d 695 ; Matter of Martin v Ronan, 47 NY2d 486 .) The parties raise various objections to the request for a declaratory judgment. … (Murmer v Board of Appeals, 98 Misc 2d 1068 ; Matter of Harwood v Cornelius, 21 AD2d 961 .) It is reasonable to conclude that it does not apply.

People ex rel. Morrell v. Board of Supervisors

1 N.Y.S. 382 · New York Supreme Court · May 14, 1888

The action of the board of supervisors which is brought in ques *383 tian now is justified by the second section of chapter 855 of the Laws of 1869, which clothes the boards of supervisors of the several counties of this … We find the action of the board of supervisors legal and proper, and the proceedings should be confirmed, with costs.

In re Frame

69 Misc. 568 · New York Supreme Court · Apr 15, 1910

William Brown as trustees, the board of trastees failed to determine by lot which of the two persons, namely, Frank P. Oole and Napoleon B. Bertrand, should be deemed elected president. … Robinson v. Burns, 106 App. Div. 36 , as an authority requiring the reconvening of the old board; but the conditions under consideration in that case were very different from those presented in this case.

Sanford Fire Apparatus Corp. v. Board of Fire Commissioners

81 Misc. 2d 992 · New York Supreme Court · Mar 13, 1975

Truck Sales & Serv. v Sirignano, supra, p 1030.) … (Matter of Glen Truck Sales & Serv. v Sirignano, supra.) The board allowed Young to change its bid after Sanford’s bid was opened.

People ex rel. Barlow v. Canal Board

2 Thomp. & Cook 275 · New York Supreme Court · Dec 15, 1873

In Farrand v. … Also, Foley v. Wyeth, 2 Allen, 131 ; Richardson v. U. C. R. R. Co., 25 Vt. 465, 471. In Peyton v.

Charles B. Saxon, Inc. v. Board of Education

168 Misc. 209 · New York Supreme Court · Apr 26, 1938

The school district is, however, a civil division of the State (Herman v. Board of Education, 234 N. … The board of education is not one of the town’s boards within the meaning of section 66 of the Town Law.

Kenville Realty Corp. v. Board of Zoning Appeals

48 Misc. 2d 666 · New York Supreme Court · Dec 14, 1965

A Board of Zoning Appeals must be furnished a sufficient standard or rule by which its actions are to be governed (Matter of Little v. Young, 274 App. Div. 1005 , affd. 299 N. Y. 699 ). … But other eminent authority has ruled to the contrary (see, e.g., Ours Props. v. Ley, 198 Va. 848 [Sup. Ct., Va., 1957]; Walls v. City of Guntersville, 45 So. 2d 468 [Sup. Ct., Ala., 1950]).

Broad v. New York City Board/Department of Education

50 Misc. 3d 384 · New York Supreme Court · Oct 20, 2015

(Austin v Board of Educ. of City School Dist. of City of N.Y., 280 AD2d 365, 365 [1st Dept 2001].) … (See Lackow v Department of Educ. [or “Board”] of City of N.Y., 51 AD3d 563, 567 [1st Dept 2008].)

Sodha v. New York State Board of Law Examiners

105 Misc. 2d 159 · New York Supreme Court · Jul 26, 1980

This court may not substitute its judgment for that of a duly constituted Board of Law Examiners in the evaluation of an applicant’s qualifications to practice a profession (Matter of Erlanger v Regents of Univ. of State … Matter of Levi v Regents of Univ. of State of N. Y., 281 NY 627 ).

Board of Education of City School District v. Allen

52 Misc. 2d 959 · New York Supreme Court · Feb 14, 1967

Y. v. Allen, 6 N Y 2d 127; Matter of Vetere v. Allen, 15 N Y 2d 259; see, also, Bullock v. Cooley, 225 N. Y. 566 ; Matter of Levitch v. Board of Educ. of City of N. Y., 243 N. Y. 373 ). As stated in Matter of Vetere v. … (Matter of Board of Educ. of City of N. Y. v. Allen, supra, Matter of Vetere v. Allen, supra.) Accordingly, the petition is dismissed.

Cirillo v. Board of Education of Niagara Falls

66 Misc. 2d 749 · New York Supreme Court · Jun 15, 1971

(Board of Educ. v. Shanker, 54 Misc 2d 941 , affd. 29 A D 2d 634 ; City of New Tork v. De Lury, 23 N Y 2d 175, app. dsmd. 394 U. S. 455 .) … (Sudore v. Board of Educ. of City of Rochester, Brisco, J., Supreme Ct., Monroe County, Feb. 12, 1971.)

Di Sano v. Storandt

43 Misc. 2d 272 · New York Supreme Court · Jun 12, 1964

Respondents lay great stress on the landmark decision of the Supreme Court (Brown v. Board of Educ., 347 U. S. 483 ) and attempt to draw an analogy between de jure and de facto segregation. … (Brown v. Board of Educ., 139 F. Supp. 468, 470 .) In Briggs v. Elliott ( 132 F. Supp. 776, 777 ) the court said: ‘ ‘ The Constitution, in other words, does not require integration. It merely forbids discrimination.”

People ex rel. McMackin v. Board of Police

11 N.Y. St. Rep. 583 · New York Supreme Court · Nov 7, 1887

People ex rel. Hasbrouck v. Board of Canvassers

18 N.Y.S. 302 · New York Supreme Court · Mar 26, 1892

But within thirty days after the filing of the certificate declaring such result, a writ of mandamus may issue out of the supreme court against the board of canvassers, or officers acting as such board, by whom the ballots … Election boards and boards of canvassers shall be continued in existence for the purposes of such proceedings.”

People ex rel. Murphy v. Board of Education

5 Thomp. & Cook 334 · New York Supreme Court · Jan 15, 1875

Gildersleeve v. Board of Education, 17 Abb. 207 ; People v. School Officers, 18 Abb. 170 . … McHugh v.

People ex rel. Hermance v. Board of Supervisors

17 N.Y. Sup. Ct. 545 · New York Supreme Court · May 15, 1877

Pitts [Pells] v. Supervisors of Ulster). Thus, this case holds that a party is entitled to relief under the laws of 1871, against an erroneous assessment.