Case law

Stockwicz v. Corning Community College

90 Misc. 2d 55 · New York Supreme Court · Apr 12, 1977

(Brown v North Country Community Coll., 63 Misc 2d 442 ; Horacek-Hayden v County of Monroe, ( 65 Misc 2d 196 .) … (Matter of Weinstein v Caso, 44 AD2d 690 .) Pursuant to CPLR 2001, the court directs that the defendant in this proceeding is correctly designated henceforth as Board of Trustees of Corning Community College.

Kaung v. Board of Managers of Biltmore Towers Condominium Ass'n

22 Misc. 3d 854 · New York Supreme Court · Dec 10, 2008

Owners Assn, v Liscia, 169 AD2d 712 [2d Dept 1991]; Lesal Assoc, v Board of Mgrs. of Downing Ct. … “[T]he aim is a practical interpretation of the expressions of the parties to the end that there be a ‘realization of [their] reasonable expectations’ ” (Brown Bros. Elec. Contrs. v Beam Constr.

People ex rel. Barrows v. Board of Supervisors

23 How. Pr. 395 · New York Supreme Court · Jul 3, 1862

I overrule the demurrer in this case, on the ground that the relators have not presented their claim to the board of supervisors, to be audited by them, as required by the provisions of chapter 83, Laws 1861, p. 158. … to the boards to be audited by them.

Braunstein v. Board of Examiners of Nursing Home Administrators

105 Misc. 2d 91 · New York Supreme Court · Jul 28, 1980

(Matter of Yannett v Berman, 65 AD2d 667 , revd on other grounds 49 NY2d 750 .) … (Matter of Sturman v Public Health Council, 58 AD2d 389 ; Matter of Bergman v Whalen, 89 Misc 2d 237 , affd 60 AD2d 687 .)

United Artists Eastern Theatres, Inc. v. Board of Assessors

76 Misc. 2d 26 · New York Supreme Court · Nov 8, 1973

Y. v. Christensen, 24 N Y 2d 1002.) The petitioner stresses People ex rel. Byler v. … Bank v. Purdy ( 196 N. Y. 270 ).

Caruso v. Board of Managers of Murray Hill Terrace Condominium

146 Misc. 2d 405 · New York Supreme Court · Jan 9, 1990

Real Property Law § 339-v provides, in pertinent part, as follows: "§ 339-v. Contents of by-laws "1. … Towards this end, not every technical failure of the Board to strictly follow the procedures for amending the bylaws necessarily requires the court to invalidate such action by the Board (Board of Managers v Gans, 72 Misc

Mulgrew v. Board of Education of the City School District

28 Misc. 3d 204 · New York Supreme Court · Mar 26, 2010

Fidler, Theodore Garcia, Vanessa Wallace, Hector Nazario, James Devor, Belinda Brown, Stefanie Siegel and Dan Simoes 1 bring this CPLR article 78 proceeding against respondents, the Board of Education of the City School District … (CPLR 7803 [3]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974].)

Lewis v. Graves

127 Misc. 135 · New York Supreme Court · Apr 15, 1926

Brown ( 125 Misc. 692 ), render it the positive duty of the State Commissioner to restrain, by the exercise of his power, the further continuance of the alleged unlawful practice and regulation of the board of education of … (Matter of International Railway Co. v. Schwab, 203 App. Div. 68 ; People ex rel. Judge v. Hylan, 200 id. 430; People ex rel. Wooster v. Maher, 141 N. Y. 330 ; People ex rel. Clapp v.

Lifson v. Board of Education of the Nanuet Public Schools

124 Misc. 2d 483 · New York Supreme Court · Apr 27, 1984

The construction of this statute (Education Law, § 2509, subd 1, par [a]) must be upheld if not irrational or unreasonable (Ma tter of Ward v Nyquist, 43 NY2d 57 ; Matter of Brewer v Board of Educ., 51 NY2d 855 ; Matter of … Robins v Blaney, 59 NY2d 393 ).

Finger Lakes Preservation Ass'n v. Town Board

25 Misc. 3d 1115 · New York Supreme Court · Oct 8, 2009

(Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400 [1986].) … (Aldrich v Pattison, 107 AD2d 258, 266 [2d Dept 1985].)

Teleprompter Manhattan City Corp. v. State Board of Equalization & Assessment

60 Misc. 2d 518 · New York Supreme Court · Jul 2, 1969

City of New York v. Chapman, 193 Misc. 27 .) The Tax Law gives to municipalities the right to complain but denies to them the right to review. … Co. v. Priest ( 95 App. Div. 44 ; 101 App. Div. 223 , revd. 181 N. Y. 300 ).

People ex rel. Mutual Life Insurance v. Board of Supervisors

20 Barb. 81 · New York Supreme Court · May 7, 1855

But the tax commissioners, on reviewing the assessment roll, added $900,000, making the amount one million instead of one hundred thousand; and the board of supervisors subsequently, on the application of the company, refused

Grandview Heights Ass'n v. Board of Assessors of Greece

176 Misc. 2d 901 · New York Supreme Court · Apr 10, 1998

(See, e.g., Matter of Broadway-Saranac Lake Corp. v Board of Assessors, 43 AD2d 649 [3d Dept 1973].) Petitioner bears the burden of establishing by substantial evidence that its property was overvalued. … Div.] v Unmack, 242 AD2d 904 [4th Dept 1997]; Matter of South Slope Holding Corp. v Board of Assessment Review, 244 AD2d 891 [4th Dept 1997].)

People ex rel. McGowan v. Board of Estimate

3 Thomp. & Cook 151 · New York Supreme Court · Mar 15, 1874

If that had been the purpose of the demands, they would simply have required the respondents to include the unallowed salaries in the estimates which should be made by the board for the year 1874. … Clark v. Norton, 49 N. Y. 243 .

Silkman v. Board of Water Commissioners of Yonkers

24 N.Y.S. 806 · New York Supreme Court · Jul 28, 1893

Provident Inst, for Saving v. Jersey City, 113 U. S. 506 , 5 Sup. Ct. Rep. 612; Treadwell v. Van Schaick, 30 Barb. 444 .

Mastroianni v. Board of Zoning Appeals of Glen Cove

36 Misc. 2d 343 · New York Supreme Court · Sep 18, 1962

It does not appear that the Planning Board in approving the subdivision map prior to 1952 modified or was authorized to modify the then existing zoning regulations (see Matter of Johnson v. Moore, 13 A D 2d 984). … In Matter of Ferryman v. Weisser (3 A D 2d 674) the record showed a similar situation but the determination of the Board of Appeals denying the variance Avas approved.

People ex rel. Wells v. Board of Audit

6 Thomp. & Cook 374 · New York Supreme Court · Mar 15, 1875

That a mandamus, in cases of this kind, is the appropriate remedy, is held in Bell v. Town of Esopus, 49 Barb. 506; Brady v. Supervisors, 2 Sandf. 460 ; S. C. affirmed, 10 N. Y. 260 . … That the board of audit had adjourned finally and without naming a day for reassembling, is a reason why the peremptory writ cannot now be enforced against the members thereof. People v.

People ex rel. Metropolitan Board of Health v. Lane

6 Abb. Pr. 105 · New York Supreme Court · May 15, 1869

Y. [2 Kern.], 190, 198 ; Wynehamer v. Peo *121 ple, 13 Id. [3 Kern.], 427, 458 ; (Reason v. Keteltas, 17 Id., 498; People v. Kennedy, 2 Park. Cr., 317, 321 ; People v. Carroll, 3 Id., 22 ; Warren v. … People, Id., 544 ; Duffy v. People, 6 Hill, 77 , 78, &c.; People v. Goravin, 5 Wend., 253 ; Murphy v. People, 2 Cow., 815 ).

In re the City of New York

122 Misc. 109 · New York Supreme Court · Dec 15, 1923

The first question so certified was not answered and the second question was answered in the negative (Woodward-Brown Realty Co. v. City of New York, 235 N. Y. 278 ). … The petitioner contends that the legal question involved has been determined by the Appellate Division (Woodward-Brown Realty Co. v. City of New York, 203 App.

Temporary State Charter Revision Commission v. Board of Elections

83 Misc. 2d 1029 · New York Supreme Court · Oct 10, 1975

as to ensure that corresponding parts of the existing charter remain in effect if one or more of such parts are not adopted; (ii) a revised charter in one or more parts; (iii) alternative charters, (iv) amendments and (v) … The case of Matter of McCabe v Voorhis ( 243 NY 401 ) relied on by respondent is inapposite.