Case law

GH Ville Inc. v. New York City Environmental Control Board

194 Misc. 2d 503 · New York Supreme Court · Nov 15, 2002

He also stated that there was a “sandwich board” outside the restaurant indicating what food was being served. … (Matter of Pell v Board of Educ., 34 NY2d 222 [1974].)

People ex rel. von Moser v. New York State Parole Board

179 Misc. 397 · New York Supreme Court · Jan 22, 1943

But the State Parole Board refused to release him and he is still in custody. … After service of such minimum sentence every prisoner shall be subject to the jurisdiction of the Board, and “ the time of his release shall be discretionary with the board.” (§ 212.)

Board of Education of the City School District v. Zeluck

60 Misc. 2d 1090 · New York Supreme Court · Sep 30, 1969

While that proposition as stated in Pitt v. … Negus v. Dwyer, 90 N. Y. 402 ; Matter of Hanbury, 160 App. Div. 662, 665 ; Matter of Douglas v. Adel, 269 N. Y. 144, 146 ).

Brennan Center for Justice v. New York State Board of Elections

52 Misc. 3d 246 · New York Supreme Court · Mar 16, 2016

Wash v Board of Zoning & Appeals of Town of N. … Corp. v Public Serv. Commn. of the State of N.Y., 16 NY3d 360, 368 [2011]; Matter of Aronsky v Board of Educ., Community School Dist.

St. James Church v. Board of Education

163 Misc. 2d 471 · New York Supreme Court · Dec 23, 1994

(Board of Educ. v Rickard, 32 AD2d 135 .) … In Lamb’s Chapel v Center Moriches Union Free School Dist. (508 US —, 113 S Ct 2141 ) the Supreme Court found unconstitutional a school board’s refusal to permit a church access after hours to show a movie stressing family

Cooke v. Dodge

168 Misc. 561 · New York Supreme Court · Jul 28, 1938

(Green v. Davies, 182 N. Y. 499 ; Brackett v. Griswold, 112 id. 454; Bob v. Hecksher, 235 App. Div. 82 ; Moskin v. Lyden, 200 id. 304; Morton v. Weet, 142 Misc. 473 .) In Green v. … (Brown v. Paramount Publix Corp., 240 App. Div. 520 .)

People ex rel. City of Lookport v. Board of Supervisors

1 N.Y.S. 460 · New York Supreme Court · Jun 23, 1888

The board of supervisors refused to levy the tax for the payment of the claim to the city. … People v. Supervisors Otsego Co., 51 N. Y. 401 ; People v. Supervisors Livingston Co., 68 N. Y. 114 .

Phelps v. Town Board of the Alabama

174 Misc. 2d 889 · New York Supreme Court · Sep 26, 1997

(See, Matter of Young v Board of Trustees, 221 AD2d 975, 976 , affd 89 NY2d 846 .) … V.

Unitarian Universalist Church of Central Nassau v. Shorten

63 Misc. 2d 978 · New York Supreme Court · Aug 31, 1970

The first is the rule that municipal corporations are creatures of, and have only such powers as, are delegated to them by the State (Seaman v. Fedourich, 16 N Y 2d 94, 101; Matter of Brown v. … Respondents concede, as indeed they must in the face of decisions such as Matter of Westchester Reform Temple v. Brown (22 N Y 2d 488); Matter of Diocese of Rochester v.

Sterling Information Service, Ltd. v. State Board of Equalization & Assessment

60 Misc. 2d 45 · New York Supreme Court · Jun 2, 1969

A petition and notice shall be served on the state board, by delivering two copies thereof to a member of such board * * *. … A proceeding to review a special franchise assessment shall be maintained against the state board and no such proceeding shall be maintained against any other board or officer unless otherwise directed hy the supreme court

Omabuild N. V. v. Board of Estimate

116 Misc. 2d 566 · New York Supreme Court · Nov 3, 1982

Y. v Spatt, 68 AD2d 112 , affd 51 NY2d 449 ; cf. Hale v City of Utica, 61 AD2d 885 .) … Y. v Spatt, supra.) The CPC and the Board of Estimate did consider the relationship of the historic district designation to the zoning.

Opladen v. Town of Islip

172 Misc. 726 · New York Supreme Court · Oct 30, 1939

At a meeting of .the town board of Islip, held on October 13,1936; the following resolution was-duly adopted: “Resolved that bids-for the construction of .the approaches at Brown’s Creek, - Bayport, be' awarded to the lowest … It was not a mere improvement of the roadway, as was involved in Stenson v. City of Mount Vernon ( 104 App. Div. 17 ) and Matter of Stuart v. Village of Lynbrook ( 169 Misc. 167 ).

Board of Managers v. Bay Club of Long Beach, Inc.

15 Misc. 3d 282 · New York Supreme Court · Jan 11, 2007

(Kagan v Jacobs, 260 AD2d 442, 442 [2d Dept 1999]; see, Barry v Hildreth, 9 AJ)3d 341 [2d Dept 2004]; Tulley v Straus, 265 AD2d 399 [2d Dept 1999].) … The verification states Grasso is a member of the board of managers. . The precise item to be lined with copper cannot be determined.

People ex rel. Monticello Telephone Co. v. Board of Trustees

35 Misc. 675 · New York Supreme Court · Aug 15, 1901

Barhite v. Home Telephone Company, 50 App. Div. 25 . … Harris v. Commissioners, 149 N. Y. 26 .

Cotroneo v. Monroe County Board of Elections

166 Misc. 2d 63 · New York Supreme Court · Aug 11, 1995

Since the General Construction Law should be read into every statute subsequently enacted unless the wording of such later statute plainly expresses a contrary intent (see, O’Keeffe v Dugan, 185 App Div 53 [1918], affd 225 … NY 667 [1919]), the Boards of Elections throughout the State should effect a statutory change requiring petition signatures be cursive.

Schwartz Landes Associates v. New York City Conciliation & Appeals Board

124 Misc. 2d 1067 · New York Supreme Court · Jul 19, 1984

Petitioner Schwartz Landes Associates (the owner-landlord of the subject building) moves pursuant to CPLR article 78 to have a determination of the respondent Conciliation and Appeals Board (CAB) vacated or, in the alternative … Klostermann v Cuomo, NYLJ, April 5, 1984, p 7, col 3.

Checchia v. Tioga County Board of Elections

169 Misc. 2d 732 · New York Supreme Court · Aug 23, 1996

the fact that two male candidates had received greater numbers of votes (see, Levine v Millspaugh, 13 Misc 2d 760 ). 2 With regard to the second contention that respondent Board of Elections lacked jurisdiction to act upon … Petitioners’ attempt to avoid this time limitation by utilizing an article 78 proceeding (see, Matter of Murray v Lord, 46 AD2d 721 , affd 35 NY2d 737 ) and by arguing that respondent Board exceeded its authority in reviewing

Board of Education v. County of Niagara

111 Misc. 2d 961 · New York Supreme Court · Dec 23, 1981

The real issue here is whether the school district’s relationship with the City Civil Service Commission is one which is mandated by State law or one of voluntary choice by the school board. … (See Matter of Board of Educ. v City of New York, 41 NY2d 535 ; Wambat Realty Corp. v State of New York, 41 NY2d 490 ; Robertson v Zimmermann, 268 NY 52 .)

State Board of Equalization & Assessment v. Kerwick

92 Misc. 2d 547 · New York Supreme Court · Dec 27, 1977

(See Matter of State Bd. of Equalization & Assessment v Kerwick, 91 Misc 2d 152 .) Respondent assessors move to dismiss the petition. … (Van Devanter v Long Island City, 139 NY 133 .)

West End Equities v. Conciliation & Appeals Board

88 Misc. 2d 968 · New York Supreme Court · Dec 8, 1976

Application pursuant to CPLR article 78 for an order annulling a determination of respondent Conciliation and Appeals Board on the ground that it is arbitrary, capricious and contrary to law, is dismissed. … (Matter of Mounting & Finishing Co. v McGoldrick, 294 NY 104 .)