Case law

Frances K. Powell, Inc. v. Board of Assessors

53 Misc. 2d 594 · New York Supreme Court · Apr 17, 1967

Chamberlain v. Forrest ( 96 N. … made (see, also, Clark v.

Alberene Stone Co. v. Board of Education

162 Misc. 659 · New York Supreme Court · Apr 26, 1937

Bethlehem Fabricators v. W., T. & M. Corp. ( 272 N. … The Appellate Division affirmed (Miller-Schlott, Inc., v. McGovern, 243 App. Div. 506 ). In Alberene Stone Co. v.

Schulz v. New York State Board of Elections

167 Misc. 2d 404 · New York Supreme Court · Sep 7, 1995

Brown, 415 US 724, 742 [1974]), past precedent in which courts have evaluated whether comparable voting regulations imposed an unconstitutional burden, and the evidence presented. … Rutter v.

Town of Dryden v. Tompkins County Board of Representatives

144 Misc. 2d 873 · New York Supreme Court · Jul 14, 1989

If this requirement is an environmental review procedure then compliance must be literal (Aldrich v Pattison, 107 AD2d 258, 264 ). … Corp., 110 AD2d 87, 95 ) because it is a substantive, rather than a procedural, requirement (Aldrich v Pattison, supra, at 265-266).

Rexford Flats Bridge Co. v. Canal Board

96 Misc. 272 · New York Supreme Court · Jul 15, 1916

Halfmoon Bridge Co. v. Canal Board, 213 N. Y. 160, 166 ; Lehigh Valley R. R. Co. v. Canal Board, 146 App. Div. 270 ; affd., 204 N. Y. 471 ; Halfmoon Bridge Co. v. Acme Construction Co., 157 App. Div. 183 . … Aurora & Buffalo Plank Road Co. v. Schrot, 90 Hun, 56 ; Monticello & Fallsburg Turnpike Road Co. v. Leroy, 72 App. Div. 241 ; Great Western Turnpike Co. v. Shafer, 57 id. 331; affd., 172 N. Y. 662 .

Drolet v. New York State Racing & Wagering Board

115 Misc. 2d 7 · New York Supreme Court · Jul 30, 1982

on behalf of the Board”. … (See Avelli v Town of Babylon, 54 Misc 2d 662, 665 ; Olin Inds. v National Labor Relations Bd., 192 F2d 799.)

State Board of Social Welfare v. City of Newburgh

28 Misc. 2d 539 · New York Supreme Court · Aug 17, 1961

The State Board of Social Welfare, Raymond W. … Except with the approval of the board and except after written notice and opportunity for a hearing before the board is given to the commissioner of the public welfare district affected, the department shall not withhold

Union Paving Co. v. Board of Contract & Supply

74 Misc. 646 · New York Supreme Court · Dec 15, 1911

My attention is called to a number of authorities; and Smith v. Syracuse Improvement Co., 161 N. Y. 484 , is strongly urged. … Co. v. City of New York, 190 N. Y. 291 , in so far as that case applies to the question here. There is no charge of fraud or deceit here, and I find no reason why the contract cannot be made as proposed.

Board of Education v. West Islip Teachers Ass'n

68 Misc. 2d 830 · New York Supreme Court · Jan 11, 1972

Briefly stated, the facts are that the school board and the teachers ’ association signed a collective bargaining agreement on April 6,1971. … (Carolin v. Board of Educ., Sup. Ct., Rockland County, Oct. 19, 1971; Cun *833 ningham v. Board of Educ., Sup. Ct., Niagara County, Nov. 12, 1971.)

Plainview Realty Inc. v. Board of Managers

86 Misc. 515 · New York Supreme Court · May 7, 1976

(S enn v Tile Layers Union, 301 US 468 ; Thornhill v Alabama, 310 US 88 .) … (Food Employees v Logan Plaza, 391 US 308 ; Organization For Better Austin v Keefe, 402 US 415 .)

German Exchange Bank v. Board of Commissioners of Excise

57 How. Pr. 187 · New York Supreme Court · Mar 15, 1879

In the case under consideration, the defendants, Morton and Patterson, were commissioners of excise, the former being president of the board, and the latter its treasurer. … The tickets accompanying the deposits disclose that the moneys were deposited by the board of excise.

Riley v. Town Board, Town of Halfmoon

86 Misc. 114 · New York Supreme Court · Feb 27, 1976

The petitioner has brought a CPLR article 78 proceeding to annul a determination of the respon *115 dent Town Board, Town of Halfmoon, hereinafter referred to as the Town Board, in awarding a contract for a fire protection … Smith v Flagg, 17 NY 584, 587; Hurd v Erie County, 34 AD2d 289 ; Matter of Marino v Town of Ramapo, 68 Misc 2d 44 .)

People ex rel. Hasbrouck v. Board of Supervisors

22 N.Y.S. 1110 · New York Supreme Court · Dec 12, 1892

Ostaseski v. Board of Trustees of the Inc.

119 Misc. 2d 113 · New York Supreme Court · May 10, 1983

It is settled that a public employer may in good faith abolish a position for reasons of economy or efficiency (see Matter of Devins v Sayer, 233 NY 690 ; Matter of McNeles v Board of Supervisors of Rensselaer County, 173 … No. 7, Town of Hempstead, *119 County of Nassau, 59 AD2d 889 , app dsmd 43 NY2d 845 ; Matter of Weimer v Board of Educ., 74 AD2d 574 ).

People ex rel. Blodgett v. Board of Town Canvassers

19 N.Y.S. 206 · New York Supreme Court · May 2, 1892

The board of supervisors has such power, and the error that has been committed here, if any, can be rectified by that board. … ; the board of canvassers, the returns made by the inspectors.

New Morton Village Pool & Recreation Ass'n v. Town Board

21 Misc. 2d 987 · New York Supreme Court · Jun 16, 1959

The determination by the Town Board was an administrative one in which it exercised discretion. It is reviewable as to reasonableness by the court. (Matter of Rothstein, 6 N Y 2d 728.) … In its preamble statement the board stated that one of the bases for its decision was ‘1 the information of the members of this Board concerning the instant application, which information was obtained both before, during

People ex rel. Debono v. Board of Police Commissioners

89 Misc. 248 · New York Supreme Court · Feb 15, 1915

In the ease of McNichols v. … Corkran v. Hyatt, supra.

De La Rosa v. Board of Examiners

52 Misc. 2d 916 · New York Supreme Court · Jan 30, 1967

It is clear that the by-laws of the Board of Education, which have the force and effect of law (Matter of Garber v. Board of Educ. of City of N. … Thus the Board of Examiners could not certify that the applicant passed the examination. Accordingly, the Board of Examiners still retained the power to investigate petitioner’s record. Matter of Mannix v.

People ex rel. Keene v. Board of Sup'rs

31 N.Y.S. 569 · New York Supreme Court · Dec 10, 1894

The case of Barnard v. Hall, 143 N. Y. 339 , 38 N. E. 301 , is an authority exactly in point. The special term properly exercised its discretion in favor of the relator.

People ex rel. Brownell v. Board of Assessors

109 N.Y.S. 991 · New York Supreme Court · Apr 6, 1908

Holler v. Board of Contract of Albany, 2 How. Frac. (N. S.) 425; Hudson County v. Bayonne, 54 N. J. Law, 297, 23 Atl. 648 . This objection, therefore, is not tenable. … Holler v. Board of Contract of Albany, 2 How. Prac. (N.