Case law

Spencer v. New York City Board of Higher Education

131 Misc. 2d 847 · New York Supreme Court · Apr 7, 1986

A high degree of deference to the professional expertise is appropriate in matters of academic discharge (Tedeschi v Wagner Coll., 49 NY2d 652 [1980]; Matter of Olsson v Board of Higher Educ., 49 NY2d 208 [1980]). … Board of Higher Educ., supra; Matter of Patti Ann H. v New York Med.

Leader-Observer, Inc. v. State Alcoholic Beverage Control Board

148 Misc. 757 · New York Supreme Court · Jun 15, 1933

The power of the defendant board to make rules is conferred by subdivision 7 of section 17 of the law, which provides that the board shall have the following power and duty: “ To adopt rules and regulations for the supervision … (People v. Canal Board, 55 N. Y. 390 .) Order may be entered granting the motion for injunction during the pendency of the action, without costs.

New York Board of Fire Underwriters v. Metropolitan Lloyds

11 Misc. 646 · New York Supreme Court · Mar 15, 1895

This disposition is illustrated by the remark of the chancellor in the case of Bank of Utica v. … Now, in the case at bar, while the act in question is entitled “ An act to incorporate the New York Board of Fire Underwriters,” and as its title imports confers corporate capacity .upon that board, with functions largely

People ex rel. Bray v. Board of Supervisors

65 How. Pr. 327 · New York Supreme Court · Jun 15, 1883

Board of Excise of Marion v. Turk

2 Thomp. & Cook 367 · New York Supreme Court · Dec 15, 1873

In the subsequent case of Shove v. … And in the case of Douglass v.

In re Kerr

57 Misc. 324 · New York Supreme Court · Jan 15, 1908

Brown, J. Joseph J. … The action of the town board in so far as it attempted to appoint Brown as highway commissioner on January 1, 1908, was void. ¡No appointment was made.

Board of Commissioners of Pilots v. Spofford

49 How. Pr. 28 · New York Supreme Court · Oct 15, 1874

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. Dole v. Town Board of Hamburg

58 Misc. 643 · New York Supreme Court · Apr 15, 1908

By order of the State Board of Railroad Commissioners Clark street was elevated to enable the railroad to cross under it, which it does. … The views of - Judge Haight, in that part of his opinion construing section 63 of the Railroad Law, in the case of Smith v. Boston & Albany Railroad Company, 181 N.

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.

Asch v. New York City Board/Department of Education

32 Misc. 3d 886 · New York Supreme Court · Jun 28, 2011

[or “Board”] of City of N.Y., 51 AD3d 563 [2008]; Austin v Board of Educ. of City School Dist. of City of N.Y., 280 AD2d 365 [2001]). … (Board of Educ. of City of N.Y. v Hershkowitz, 308 AD2d 334, 338 [1st Dept 2003].)

Plattsburgh College Benevolent & Educational Ass'n v. Board of Assessors

43 Misc. 2d 741 · New York Supreme Court · Jul 20, 1964

Council of Jewish Women v. Board of Assessors, 21 Misc 2d 142 ; American-Russian Aid Assn. v. City of Glen Cove, 41 Misc 2d 622 ). … Council of Jewish Women v. Board of Assessors, supra).

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].)

East Meadow Community Concerts Ass'n v. Board of Education

49 Misc. 2d 643 · New York Supreme Court · Feb 28, 1966

, section 9 of article I (freedom of assembly) and section 11 of article I (equal protection of the laws) of the Hew York State Constitution, as well as Amendment I (freedom of speech and freedom of assembly), Amendment V … (Matter of Ellis v. Allen, 4 A D 2d 343.)

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.)

Harris v. Dutchess County Board of Cooperative Educational Services

50 Misc. 3d 750 · New York Supreme Court · Nov 4, 2015

Assn. v Board of Educ. of City School Dist. of City of N.Y., 39 NY2d 111, 116 [1976]; Matter of Ocean Hill-Brownsville Governing Bd. v Board of Educ. of City of N.Y., 23 NY2d 483, 485 [1969].) … (Donohue at 444 , quoting James v Board of Educ. of City of N.Y., 42 NY2d 357, 366 [1977].)

Nirco Investors Corp. v. New York City Loft Board

129 Misc. 2d 942 · New York Supreme Court · Oct 11, 1985

(NYC Record, vol cxii, p 1520, No. 33498, § V.) … (Aguilar v Rabin, 123 Misc 2d 458 [Civ Ct, NY County 1984], affd 128 Misc 2d 428 .)

N v. New York City Board of Ethics

139 Misc. 2d 634 · New York Supreme Court · Aug 27, 1987

Where as here the agency lacks a specific set of procedures for dealing with a case, there may well be a denial of due process (cf., Holmes v New York City Hous. Auth., 398 F2d 262). … (See, Matter of Bender v Board of Regents, 262 App Div 627 .) The Board of Ethics had no procedures at all providing for these rights.

Mahoney v. New York State Board of Law Examiners

113 Misc. 2d 917 · New York Supreme Court · May 6, 1982

As the agency possessing the expertise and charged with the administration of bar examinations, respondents’ determination with respect to bifurcation must be given deference (Matter of Pell v Board of Educ., 34 NY2d 222 … (Matter of Marburg v Cole, 286 NY 202, 208 .)