Case law

People ex rel. Wayside Home v. Board of Supervisors

12 Misc. 187 · New York Supreme Court · Apr 15, 1895

Y. 361 , and the case of People v. … The last case on the relator’s brief which it seems necessary to discuss is Allbyer v. State, 10 Ohio St. 588 .

People ex rel. Hultman v. Gilchrist

114 Misc. 651 · New York Supreme Court · Mar 15, 1921

In Holbrook v. … Co. v. Jerolman, 139 N. Y. 14, 17 ; People ex rel. Wood v. Assessors, 137 id. 201, 204; People ex rel. Ajas v. Board of Education, 104 App. Div. 162, 164 .

Waldbaum's, Inc. v. Board of Assessors

106 Misc. 2d 556 · New York Supreme Court · Dec 11, 1980

Interstate Land Holding Co. v Purdy, 236 NY 609 ; Matter of Xerox Corp. v Ross, 71 AD2d 84, 90 , mot for lv to app den 49 NY2d 702 ; Matter of Pollak v Board of Assessors of County of Nassau, 62 AD2d 1019 , mot for lv to … In a tax certiorari proceeding, the settled law is that petitioner is limited to the relief set forth in his application to review the assessment (Matter of City of Little Falls v Board of Assessors of Town of Salisbury,

Town of Huntington v. State Board of Equalization & Assessment

81 Misc. 2d 457 · New York Supreme Court · Mar 17, 1975

, 34 NY2d 440 ; Matter of 869 Executive Towers v Board of Assessors of County of Nassau, 79 Misc 2d 821 ), and that "when the board has acted within its jurisdiction and has given the parties before it a fair hearing, the … Assoc. v Board of Assessors of County of Nassau, 45 Misc 2d 184 , affd 22 AD2d 1015 , affd 16 NY2d 779 .)

Austin v. Board of Higher Education

9 Misc. 2d 253 · New York Supreme Court · Dec 18, 1957

In Bressler v. Board of Higher Educ. ( 298 N. … In Steinson v. Board of Educ. ( 165 N.

Levandowski v. Zoning Board of Appeals

29 Misc. 2d 198 · New York Supreme Court · Jul 24, 1961

Petitioners cite Matter of Gerling v. Board of Zoning Appeals 11 Misc 2d 84 ). … In Matter of Krust v. Hill (212 N. Y. S. 2d 981) decided January 24, 1961, the court cited Gerling v. Board of Zoning Appeals (supra) with approval.

People v. Tweed

13 Abb. Pr. 25 · New York Supreme Court · Sep 15, 1872

In the Attorney-General v. Brown (3 Swanst. … See Attorney-General v. City of Dublin; Same v. Brown, supra.

Board of Supervisors v. State Department of Social Services

58 Misc. 2d 45 · New York Supreme Court · Jun 29, 1968

Local rules may not be inconsistent with board rules, applicable provisions of law, or depart *47 ment regulations. (State Bd. of Social Welfare v. City of Newburgh, 28 Misc 2d 539, 547 .) … (Matter of Fix v. City of Rochester, 50 Misc 2d 660 ; Matter of Lakeland Water Dist. v. Onondaga County Water Auth., 29 A D 2d 1042.)

Bodanza v. Public Employment Relations Board

128 Misc. 2d 386 · New York Supreme Court · May 29, 1985

In the above-captioned article 78 proceeding, petitioner seeks a judgment annulling a determination of the Public Employment Relations Board (PERB) in case No. U-7684, dated January 2, 1985. … This court is without authority to alter a determination unless it breaches constitutional protections or is without a rational basis (Matter of West Irondequoit Teachers Assn. v Helsby, 35 NY2d 46 ).

Young v. Board of Zoning Appeals

62 Misc. 2d 147 · New York Supreme Court · Jan 5, 1970

area standard ordinance, that standard can be justified only by a showing that the public health, safety and welfare will be served by upholding the application of the standard and denying the variance ” (Matter of Fulling v. … errs in its basic premise and that the existing cesspool could be restored in its present location (see, also, City of Madison Hgts. v.

Kiel v. Zoning Board of Appeals

22 Misc. 2d 586 · New York Supreme Court · Nov 25, 1959

It is true that such is the usual practice (see Matter of Diocese of Rochester v. Planning Bd. of Brighton, 1 N Y 2d 508, 519-520 and dissenting opinion, pp. 527-529); but it is not always followed. … (See Matter of Concordia Collegiate Inst. v. Miller, 301 N.

McMahon v. Oswego County Board of Elections

38 Misc. 3d 203 · New York Supreme Court · Oct 5, 2012

by the Board of Elections. … Weller v. Townsend, 102 N. Y. 430 ; Matter of MacAdams v. Cohen, 236 App. Div. 361 , affd. 260 N. Y. 559 ; Matter of Mitchell v. Boyle, 219 N. Y. 242 .)” (Id. at 188; see also Skelos v Paterson, 13 NY3d 141 [2009].)

Joynt v. Zoning Board of Appeals

9 Misc. 2d 762 · New York Supreme Court · Dec 12, 1957

(Matter of Taub v. Pernie, 3 N Y 2d 188.) … Albans-Springfield Corp. v. Connell, 257 N. Y. 73, 82 ; Rodgers v. Village of Tarrytown, 302 N. Y. 115, 121 ; Matter of Diocese of Rochester v. Planning Board, 1 N Y 2d 508, 520.)

Shepard v. Zoning Board of Appeals

113 Misc. 2d 413 · New York Supreme Court · Mar 28, 1982

In Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead ( 43 NY2d 801, 802 ) the court noted that “[standards governing issuance of special exceptions [uses] may not be so general or tautological … Standards governing issuance of special exceptions may not be so general or tautological as to allow unchecked discretion on the part of the zoning board” (Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town

Rubin v. Community School Board 28

109 Misc. 2d 133 · New York Supreme Court · Mar 18, 1981

The courts have held that individuals who comprise a school board are “public officers” within section 2 of the Public Officers Law. (See Komyathy v Board of Educ., 75 Misc 2d 859 .) … (Matter of Vescio v City Manager of City of Yonkers, 69 Misc 2d 68 , affd 41 AD2d 833 ; Matter of Cassedy v Wilkins, 137 Misc 748 ; also see Matter of Burke v Van Buskirk, 47 AD2d 965 ; Matter of Roberts v Allen, 54 Misc

Smith v. Board of Standards & Appeals

3 Misc. 2d 245 · New York Supreme Court · Dec 7, 1955

Rockwell v. City of Syracuse, 282 N. Y. 17, 19 , supra.) … New York City Omnibus Corp. v. Miller ( 282 N.

Style Rite Homes, Inc. v. Zoning Board of Appeals

54 Misc. 2d 866 · New York Supreme Court · Aug 1, 1967

Y. 71, 76 ; Matter of Clark v. Board of Zoning Appeals of Town of Hempstead, 301 N. Y. 86; Matter of Hickox v. Griffin, 298 N. Y. 365 ; Matter of Young Women’s Hebrew Assn. v. Board of Stds. & Appeals, 266 N. Y. 270 ). … Y. 270;Prusick v. Board of Appeals, 262 Mass. 451 ). Unnecessary hardship in the legal sense means unreasonable financial loss. Here there has been none.

Aron Manor Nursing Home v. Board of Standards & Appeals

35 Misc. 2d 1044 · New York Supreme Court · Jun 29, 1962

(Matter of Milmic Realty Corp. v. Board of Stds. & Appeals, 35 Misc 2d 30, 33 .) … Board of Stds. & Appeals, 267 N. Y. 347, 351 ; Matter of Hickox v. Griffin, 274 App. Div. 792 ; Matter of Empire Distrs., supra).

Holowka v. Zoning Board of Appeals

80 Misc. 2d 738 · New York Supreme Court · Feb 10, 1975

Board of Educ., Union Free School Dist. No. 17 v. Wolf, 10 A D 2d 713; Matter of Boyd v. Welsh, 217 App. Div. 461 , affd. 244 N. Y. 512 .) … The granting of the variance, even in view of the engineering studies before the board, violates the general purpose of the ordinance and invades the province of the town board. (Van Deusen v.

Lopes v. Fire Board of Appeals

90 Misc. 2d 250 · New York Supreme Court · Apr 16, 1976

Corp. v Murdock, 285 NY 298 ; De Marco v Fitzgerald, 20 Misc 2d 457, affd 11 NY2d 775 ). … Owners Assn. v Board of Zoning Appeals of Town of Irondequoit, 205 Misc 1083 ).