Case law

Central Laborers' Pension Fund v. Blankfein

34 Misc. 3d 456 · New York Supreme Court · Sep 21, 2011

(White v Panic, 783 A2d 543, 550 [Del 2001].) … Retirement Fund et al., v Lloyd C. Blankfein et al., index No. 650740/2009 (the Security Police action). . Ken Brown v Lloyd C. Blankfein et al., index No. 650003/2010 (the Brown action). .

People ex rel. Lowell v. Board of Town Auditors

53 Barb. 555 · New York Supreme Court · Jul 21, 1868

for by the board of supervisors of the county. … A mandamus was the proper remedy for the relator, upon the refusal of the board of auditors to perform that duty. (People v. Board of Supervisors of N. Y., 32 N. Y. Rep. 473 . People v. Taylor, 30 How. 78 , 86.)

Lofaro v. Board of Standards & Appeals

41 Misc. 2d 272 · New York Supreme Court · Dec 3, 1963

(Matter of Reed v. Board of Stds. & Appeals, 255 N. Y. 126, 136 .) … Y. 330, 334-335 ; Matter of Lemir Realty Corp. v. Larkin, 10 A D 2d 1005, affd. 11 N Y 2d 20).

O'Donnell v. Town Board of Amherst

171 Misc. 2d 968 · New York Supreme Court · Feb 5, 1997

primary purpose of SEQRA is ' "to inject environmental considerations directly into governmental decision making” ’ (Akpan v Koch, 75 NY2d 561, 569 , quoting Matter of Coca-Cola Bottling Co. v Board of Estimate, 72 NY2d … Fork v Wines [ 190 AD2d 794 ]; Matter of Holmes v Brookhaven Town Planning Bd. [ 137 AD2d 601 ]; Chinese Staff & Workers Assn. v City of New York, 68 NY2d 359, 364-365 ).

People ex rel. Noble v. Board of Commissioners of Pilots

37 Barb. 126 · New York Supreme Court · May 5, 1862

Gervasi v. Board of Commissioners of Hicksville Water District

45 Misc. 2d 341 · New York Supreme Court · Feb 26, 1965

They bring this action against the Board of Commissioners of the Hicksville Water District and the Town Boards of Oyster Bay and Hempstead to enjoin the water district from completing the construction of a water tank, or … As was said by the court in Boynton v.

Island Trees Civic Association v. Town Board of Hempstead

198 Misc. 1064 · New York Supreme Court · Aug 8, 1950

Whenever the town board or boards shall adopt a resolution establishing or extending a fire alarm district, or a fire protection district, or consolidating two or more adjoining fire districts or fire protection districts … (Matter of City of Rochester v. Annis, 185 Misc. 518 .) Accordingly, the motion by respondents for dismissal of the petition for certiorari is granted.

Spinella v. Town of Paris Zoning Board of Appeals

191 Misc. 2d 807 · New York Supreme Court · Jun 18, 2002

The alleged violation was “non permitted use of premises (motorcycle or three or four wheel vehicle track),” and cited article V, § 7 of the Town of Paris Zoning Ordinance as the source of authority for the order. … The court rejects this request and will not step into the shoes of the Town Board or underwrite the Board’s attempt to step out of them.

Tallarino v. Oneida County Board of Legislators

50 Misc. 3d 171 · New York Supreme Court · Sep 18, 2014

(Davids v Akers, 549 F2d 120, 122 [9th Cir 1977].) … The Davids court also distinguished Baker v Carr ( 369 US 186 [1962]) and its progeny, Reynolds v Sims ( 377 US 533 [1964]), which dealt with malapportionment of electoral districts.

Gross v. New York City Alcoholic Beverage Control Board

19 Misc. 2d 293 · New York Supreme Court · Jul 15, 1959

The discretion of respondents board and Authority, respectively, is broad and must necessarily be such in the area of their separate and joint activities (Matter of Barry v. O’Connell, 303 N. Y. 46 ). … The courts should not invade the appropriate province of the State Liquor Authority or the local board (Matter of Guardian Life Ins. Co. v. Bohlinger, 284 App. Div. 110 , affd. 308 N. Y. 174 ).

Morris v. County Board of Assessors

79 Misc. 2d 932 · New York Supreme Court · Jun 19, 1970

(O’Haira v. Board of Supervisors of Suffolk County, 42 Misc 2d 716 , affd. 44 Misc 2d 572 , affd. 24 A D 2d 843.) … In the O’Hara case ( 42 Misc 2d 716, 719 , supra) the court quoted from Sharp v.

Koch v. Webster Central School District Board of Education

112 Misc. 2d 10 · New York Supreme Court · Nov 2, 1981

These school districts are municipal corporations.” *12 In Matter of Board of Educ. v Board of Coop. … The case of Herman v Board of Educ. ( 234 NY 196 ) dealt with the legal status of a school district. In that case, the court held that a board of education is a governmental agency of the State.

Jorling v. Freshwater Wetlands Appeals Board

160 Misc. 2d 137 · New York Supreme Court · Feb 3, 1994

(hereinafter referred to as the Board) in the above-captioned proceedings, to the extent that the decisions of the Board determined that the Board had jurisdiction to hear the appeals pursuant to ECL 24-1104; and (2) declaring … The challenges were ultimately dismissed by the Court of Appeals (see generally, Matter of Wedinger v Goldberger, 71 NY2d 428 ).

D'Aurio v. Board of Zoning Appeals

92 Misc. 2d 898 · New York Supreme Court · Jan 5, 1978

(Matter of Cowan v Kern, 41 NY2d 591 .) Moreover, the existence of a self-created hardship does not entitle the land owner to a variance. (Matter of National Merritt v Weist, 41 NY2d 438 .) … (Matter of Fulling v Palumbo, 21 NY2d 30 .) At most, they have shown personal convenience. (Matter of Fuhst v Foley, 57 AD2d 956 .)

Strafford v. New York State Board

90 Misc. 2d 948 · New York Supreme Court · Apr 11, 1977

petitioner to appreciate the conduct for which he was convicted, and does meet those minimal tests required for such determinations (see Billiteri v United States Bd. of Parole, 541 F2d 938; Grossman v Hammock, USDC, EDNY … Neaher, J., Feb. 10, 1977; Matter of Watkins v Caldwell, 54 AD2d 42 ).

Board of Managers v. Foundry Development Co.

44 Misc. 3d 550 · New York Supreme Court · May 28, 2014

Suarez undertook the claim against BSRB in an effort to thwart their efforts to adequately represent The Board of Managers of Foundry at Washington Park Condominium (the Foundry) in action No. 1. … Org. for Women v Terry, 886 F2d 1339, 1353 [2d Cir 1989].)

Bebis v. Board of Standards & Appeals

28 Misc. 2d 304 · New York Supreme Court · Apr 24, 1961

Respondent board here moves for an order dismissing the petition and affirming its determination. … Accordingly, the determination must be sustained (Matter of Di Bari v. Board, of Stds. & Appeals, 280 App. Div. 810 , affd. 1 N Y 2d 756). The motion is granted in all respects and the proceeding is dismissed.

Gillis v. Zoning Board of Appeals

27 Misc. 2d 1092 · New York Supreme Court · Feb 6, 1961

Y. 114, 128 ; Karameros v. Luther, 279 N. Y. 87, 91 ; House v. Lockwood, 137 N. … Matter of Joynt v. King, 6 A D 2d 234, 239).

Pedrick v. Town Board of Huntington

24 Misc. 2d 1066 · New York Supreme Court · Aug 24, 1960

There is no doubt that the Town Board had the unfettered power to remove Mr. Pedrick from his provisional position as principal clerk (Matter of Benon v. La Guardia, 285 N. Y. 560 ; Matter of Riggi v. … The board is directed to amend its resolution accordingly and the determinations of the board are otherwise confirmed. The motion to strike is dismissed as moot.

North Titus Residential Ass'n v. Board of Zoning Appeals

205 Misc. 518 · New York Supreme Court · Feb 8, 1954

(Matter of Levy v. Board of Stds. & Appeals, 267 N. Y. 347 ; Crone v. Town of Brighton, 119 N. Y. … (Matter of Clark v. Board of Zoning Appeals, Town of Hempstead, 301 N. Y. 86, 90 .)