Case law

Doehler v. Real Estate Board of New York Building Co.

150 Misc. 733 · New York Supreme Court · Feb 24, 1934

The Real Estate Board of New York Building Co., Inc. … In Paducah & Illinois Ferry Co. v. Robertson ( 161 Ky. 485 ; 171 S. W. 171 ) a meeting was held by two of the three members of the board of directors.

Fallon v. Zoning Board of Appeals

51 Misc. 2d 909 · New York Supreme Court · Oct 22, 1966

Dengeles v. Young, 3 A D 2d 758; Dubow v. Ross, 254 App. Div. 706 ). … Petitioners’ appeal to the Zoning-Board has effectively limited our review to its review of the denial of permits (Matter of Dairy Barn Stores v. Perlman, 40 Misc 2d 959 ).

Schnepel v. Board of Education of City of Rochester

195 Misc. 371 · New York Supreme Court · May 31, 1949

(Lewis v. Board of Education of City of N. Y., 258 N. Y. 117 ; Matter of Hirshfield v. Cook, 227 N. Y. 297 .) Also, upon the reasoning of Warnock v. Wray (194 N. Y. … (Olmstead v. Meahl, 219 N. Y. 270 .)

Brainard v. Board of Standards & Appeals

2 Misc. 2d 27 · New York Supreme Court · Feb 6, 1956

The respondent board and the respondents-intervenors have moved separately to dismiss the petition. … (Matter of Thomas v. Board of Stds. & Appeals, 290 N. Y. 109, 115 ; Matter of Reed v. Board of Stds. & Appeals, 255 N. Y. 126,135 .)

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).

Kranson v. Madison-Oneida Board of Cooperative Educational Services

189 Misc. 2d 815 · New York Supreme Court · Nov 16, 2001

The burden caused by an inordinate delay distinguishes this case from Donato v Board of Educ. ( 286 AD2d 388 [2d Dept 2001]). … (Golden Hill Paugussett Tribe of Indians v Weicker, 39 F2d 51 [2d Cir 1994]; Wagner & Brown v ANR Pipeline Co., 837 F2d 199 [5th Cir 1988]; Coit Independence Joint Venture v Federal Sav. & Loan Ins.

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.

Hughes v. Board of Higher Education

24 Misc. 2d 495 · New York Supreme Court · Jun 17, 1960

Defendant maintains that claims for interest on obligations of school boards and municipalities are specially treated, citing Smith v. Board of Educ. ( 208 N. Y. 84, 88 ). … In Matter of Holman v.

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 .

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.

Miller v. Zoning Board of Appeals of Saratoga Springs

176 Misc. 2d 383 · New York Supreme Court · Mar 20, 1998

The first case is Matter of Proskin v Donovan ( 150 AD2d 937 , lv denied 75 NY2d 702 ). … The duty of a court is to review zoning determinations, not make them” (Matter of Nash v Denison, 175 AD2d 436, 437 ).

700 Shore Road Associates v. Board of Assessment Review

70 Misc. 2d 822 · New York Supreme Court · Aug 10, 1972

made at an adjourned hearing of the board on July 20, 1972. … Such protest is timely and must be considered by the board.

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].)

People ex rel. First National Bank v. Board of Supervisors

31 How. Pr. 237 · New York Supreme Court · Dec 15, 1864

I have great doubts whether the board of supervisors have the power to alter the assessment rolls by striking out the name of any person or corporation which may have been placed upon it by the assessors. … Board of Supervisors of Broome County, 25 N. Y. 315 ; The People agt. The Supervisors of Allegany County, 15 Wend. 198 .)

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.

Stillman v. School District & Board of Education of Rockville Centre

60 Misc. 2d 819 · New York Supreme Court · Sep 26, 1969

of Educ. v. … Matter of Horowitz v. Board of Educ. of Yonkers, 217 App. Div. 233, 238 ).

Cement Masons Local 780 Pension Fund v. Schleifer

New York Supreme Court · Jun 28, 2017

Brown ("Brown"), Robert A. Ingram ("Ingram"), Alfred G. Gilman ("Gilman"), Joseph L. Goldstein ("Goldstein"), Christine A. Poon ("Poon"), P. … Limmer v.

Mulgrew v. Board of Education of the City School District

33 Misc. 3d 350 · New York Supreme Court · Jul 21, 2011

(See Matter of Duke & Benedict v Board of Educ. of Carmel Cent. … A related suit, Steglich v Board of Educ. (index No. 107173/2011 [Steglich 2]) is currently pending before this court.

Chin v. New York State Board of Law Examiners

118 Misc. 2d 740 · New York Supreme Court · Apr 5, 1983

In recognition of this standard of review, the Board’s determination not to administer a bifurcated exam has been upheld (Matter of Mahoney v New York State Bd. of Law Examiners, 113 Misc 2d 917 ). … The Board’s determination of equivalent education required for admission without examination has also been upheld (Matter of Sodha v New York State Bd. of Law Examiners, 105 Misc 2d 159 ).