Case law

Andrasko v. Board of Trustees of Hamburg

169 Misc. 2d 1047 · New York Supreme Court · Sep 4, 1996

(See, Matter of Save the Pine Bush v Planning Bd., 83 AD2d 741 ; Matter of King v Chmielewski, 76 NY2d 182 ; South Woodbury Taxpayers Assn. v Town of Oyster Bay, 79 AD2d 633 .) … (Matter of Save the Pine Bush v City of Albany, 70 NY2d 193 .)

Board of Education of Central School District No. 2 v. Nyquist

60 Misc. 2d 967 · New York Supreme Court · Sep 26, 1969

(Matter of Levitch v. Board of Educ. of City of N. Y., 243 N. Y. 373 ; accord, Matter of Board of Educ. of Cent. School Dist. No. 3 of Crown Point v. Nyquist, 42 Misc 2d 224, 227 .) … In Matter of Board of Educ. of Union Free School Dist. No. 11, Town of Hempstead v.

City Mattress v. Board of Assessment Review

166 Misc. 2d 79 · New York Supreme Court · Aug 9, 1995

(Matter of Seneca Hotel v. Board of Supervisors, 19 A D 2d 183.)” (City of Troy v City School Dist., 26 AD2d 148, 151 ; see also, 1980 Opns St Comp No. 80-27.) … v Board of Educ., 62 AD2d 252 , affd 46 NY2d 450 , rearg denied 46 NY2d 1076 ; Matter of Brooklyn Union Gas Co. v City of New York, 104 Misc 2d 441, 444 , affd 83 AD2d 921 , lv granted 55 NY2d 606 , affd 56 NY2d 881 ).

Klemitt Construction Corp. v. Board of Education

8 Misc. 2d 817 · New York Supreme Court · Nov 20, 1957

Such a provision has been recognized and enforced by the courts (Lowry v. Inman, 46 N. Y. 119 ; Fortunato v. Patten, 147 N. Y. 277 ; Sullivan v. Prudential Ins. Co., 172 N. … Plaintiff was thus alerted and failure to commence the action within the prescribed time may not be laid at the door of the Board of Education (see Clemente v. City of New York, N. Y. L.

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

Diaz v. New York State Board of Parole

42 Misc. 3d 532 · New York Supreme Court · Dec 10, 2013

of Garfield v Evans, 108 AD3d 830 [3d Dept 2013]; see also Matter of Melendez v Evans, 111 AD3d 996 [3d Dept 2013]; Matter of Warmuth v New York State Div. of Parole, 110 AD3d 1136 [3d Dept 2013]; Matter of Aguayo v Evans … , 110 AD3d 1135 [3d Dept 2013]; Matter of Thomas v Evans, 109 AD3d 1069 [3d Dept 2013]; Matter of Malerba v Evans, 109 AD3d 1067 [3d Dept 2013]).

J.I. Sopher & Co. v. New York City Conciliation & Appeals Board

116 Misc. 2d 80 · New York Supreme Court · Jul 29, 1982

Annulling the determination of the respondent New York City Conciliation and Appeals Board (CAB) under which it directed petitioner to refund the brokerage commission it received for locating an apartment for Joseph Licari

New York State Workers' Compensation Board v. Compensation Risk Managers, LLC

51 Misc. 3d 683 · New York Supreme Court · Feb 11, 2016

The State of New York Workers’ Compensation Board (WCB), which is the plaintiff in all three actions, moves for leave to amend its complaints, principally in relation to alleging claims for implied indemnification. … NY2d 83, 88 [1984], quoting Brown v Rosenbaum, 287 NY 510, 519 [1942]; see Raquet v Braun, 90 NY2d 177, 183 [1997], quoting Mas at 690 [“key element... is not a duty running from the indemnitor to the injured party, but rather

Helsby v. Board of Education of the City School District

60 Misc. 2d 892 · New York Supreme Court · Sep 26, 1969

Employees Assn. v. Helsby, 32 A D 2d 131, 134, affid. 25 N Y 2d 842). … (See Helsby v. Board of Educ. of Cent. School Dist. No. 2, 59 Misc 2d 943 .)

People ex rel. Buffalo, Rochester & Pittsburg Railway Co. v. Carmichael

64 Misc. 271 · New York Supreme Court · Aug 15, 1909

In the case of Brown v. Otis, 98 App. Div. 559 , an action was brought to set aside a sewer assessment because such assessment had been made to the D. D. S. … We are of the opinión that, under the authority of Brown v.

New York State Restaurant Ass'n v. Board of Standards & Appeals

38 Misc. 2d 1023 · New York Supreme Court · Apr 19, 1963

Zeifman v. Board of Trustees of Inc. Village of Great Neck

40 Misc. 2d 130 · New York Supreme Court · Feb 11, 1963

Respondents acknowledge the rule of Matter of Lemir Realty Corp. v. Larkin (11 N Y 2d 20) and Matter of Rothstein v. … ” (Matter of Lemir Realty Corp. v.

Hill v. Board of Water & Sewer Commissioners

84 N.Y. Sup. Ct. 491 · New York Supreme Court · Apr 15, 1894

(Benton v. Hatch, 122 N. Y. 322 ; Gilman v. Gilmam, 111 id. 265.) In Wheeler v. … (Squires v. Seward, 16 How. 478 .)

Steele v. State Board of Equalization & Assessment

134 Misc. 2d 820 · New York Supreme Court · Oct 31, 1986

In the event he is not certified, the State Board of Equalization and *821 Assessment can, after a hearing, declare the office of an elected assessor vacant (RPTL 310 [5] [c]). … The finding and recommendation were accepted by the State Board of Equalization and Assessment on June 18, 1986. This proceeding ensued.

Evans v. Town of Tully Planning Board

140 Misc. 2d 400 · New York Supreme Court · Apr 7, 1988

(See, Gouverneur v National Ice Co., 134 NY 355 .) The public cannot acquire a right to use the ponds by prescription or adverse use. (Commonwealth Water Co. v Brunner, 175 App Div 153 .) … (See, Matter of Diamond v Specter, 39 AD2d 942 .) The court need not address petitioner’s contentions regarding the disqualification of Board members Jean and Bodah in light of this decision.

New York State Labor Relations Board v. Roosevelt Chevrolet Co.

177 Misc. 468 · New York Supreme Court · Sep 19, 1941

(See Subin v. National Labor Relations Board, 112 F. [2d] 326, 332; certiorari denied, 311 U. S. 673 ; Ritzwoller Co. v. National Labor Relations Board, 114 F. [2d] 432; Consumers Power Company v. … National Labor Relations Board, 110 F. [2d] 148; National Labor Relations Board v. Highland Park Mfg. Co., Id. 632; National Labor Relations Board v. Sunshine Mining Co., Id. 780; Continental Oil Co. v.

Master Coachman, Inc. v. Board of Education

116 Misc. 2d 965 · New York Supreme Court · Nov 22, 1982

Co. v Board of Educ., 79 AD2d 376 ; Matter of Staten Is. … Bus v Board of Educ., 82 AD2d 891 , affd 54 NY2d 705 ). 3 Inexplicably, bureaucrats in respondent’s agency, without consulting counsel, replaced several defaulted items, before default of the contested two items, by resort

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 .)

Rapelyea v. Nassau County Board of Supervisors

81 Misc. 2d 59 · New York Supreme Court · May 7, 1975

(Schneider v Rockefeller, 31 NY2d 420 ; Reynolds v Sims, 377 US 533 ; Burns v Richardson, 384 US 73 ; Ely v Klahr, 403 US 108, 114 .) … (Matter of Orans v Rockefeller, 47 Misc 2d 493 ; Town of Greenburgh v Board of Supervisors of Westchester County, 55 Misc 2d 1031 .)

In re Flanagan

158 Misc. 295 · New York Supreme Court · Dec 27, 1935

Brown v. Freisch, 215 N. Y. 356 ; Matter of Medbury, 234 App. Div. 26 ; Matter of Oliver, 234 id. 170 ; People ex rel. Widmeyer v. Grunert, 122 Misc. 1 ; Matter of Gabelmann, 136 id. 641.) … Brown v. Freisch, supra.) ” We, therefore, feel constrained to hold that the court is without power, and the parties cannot by consent vest it with jurisdiction to pass upon such ballots.