Case law

Botens v. Board of Education of Central School District No. 1

26 Misc. 2d 158 · New York Supreme Court · Aug 25, 1960

(Matter of O’Connor v. Emerson, 196 App. Div. 807, 810 , affd. 232 N. Y. 561 ; Leone v. Hunter, 21 Misc 2d 750 ; Madeo v. McGuire, 192 N. Y. S. 2d 936, 938.) … that board.

Medford Real Properties v. Town Board of Brookhaven

23 Misc. 3d 303 · New York Supreme Court · Dec 31, 2008

Utschig, 98 NY2d 304 [2002]; Matter of Grigoraki v Board of Appeals of Town of Hempstead, 52 AD3d 832 [2d Dept 2008]). … V Brookhaven Town Code: At the present time, Town Code § 85-43 authorizes the Planning Board to review commercial and residential site plan applications.

People ex rel. McDermott v. Board of Estimate & Apportionment

72 Misc. 456 · New York Supreme Court · Jun 15, 1911

of the city of New York at the sum of $3,000, because under this act the board of justices of said courts so recommend. … The case of Whitmore v. Mayor, etc., 67 N.

People ex rel. Barth v. Board of Town Canvassers

32 Misc. 123 · New York Supreme Court · Jul 15, 1900

Brown, a justice of the peace in said town of Busti. … Caffrey v. Mosso, 30 Misc. Rep. 164 ; 63 N. Y. Supp. 585 , is cited as an 'authority to that effect.

People ex rel. McNeil v. New York State Board of Parole

87 Misc. 2d 497 · New York Supreme Court · Jun 30, 1976

Menechino v Warden, supra; Correction Law, § 212, subd 10; Matter of Hines v State Board of Parole, 293 NY 254 ). … matter with which the court should not interfere (Matter of Paulsen v Board of Parole, supra).

Board of Hudson River Regulating District v. De Long

134 Misc. 775 · New York Supreme Court · Aug 13, 1929

The provision- sought to be corrected is not in conformity with the statute (Conservation Law, § 457; Board of Hudson River Regulating Dist. v. Fonda, J. & G. R. R. Co., 249 N. … (Citing Leonard v. Columbia Steam Nav. Co., 84 N. Y. 48 ; Cagger v. Lansing, 64 id. 417; Johnson v. Carnley, 10 id. 570; Ingersoll v. Bostwick, 22 id. 425.)

Board of Education of the City School District v. City Council

59 Misc. 2d 784 · New York Supreme Court · May 27, 1969

The scheme of preserving continuity was carried out to the extent of continuing in office the members of the Board of Education (except where a board member also occupied another city office) until their current terms expired … However, Board of Education of Baltimore County v. Hartmann ( 146 Md. 307 ) presents some interesting parallels.

People ex rel. Hensley v. New York State Board of Parole

83 Misc. 2d 269 · New York Supreme Court · Sep 12, 1975

In this habeas corpus proceeding, relator alleges that the Board of Parole waived his alleged violation of parole by failure to execute the parole violation warrant with due diligence and, further, that the board has failed … Grosso v Addition, 185 Misc 670 ; Simon v Moseley, 452 F2d 306; Greene v Michigan Department of Corrections, 315 F2d 546).

People ex rel. Root v. Board of Sup'rs of Steuben Co.

30 N.Y.S. 729 · New York Supreme Court · Oct 17, 1894

If the board of supervisors of any county shall deem any town in the county to be unreasonably burdened by its expenses for the construction and repair of its bridges the board may cause a sum of money not exceeding $2,000 … Stowell, Supervisor, v. Same Defendant, as the material facts and questions involved are the same in both cases. All concur.

R. H. Macy & Co. v. New York State Labor Relations Board

192 Misc. 697 · New York Supreme Court · Jun 16, 1948

Co. v. Labor Board, 316 U. S. 31 ; Labor Board v. Fansteel Corp., 306 U. S. 240 ). … Labor Board, 321 U. S. 678 ; J. I. Case Co. v. Labor Board, 321 U. S. 332 ; N. L. R. B. v. Elyria Telephone Co., 158 F. 2d 868 ; Pure Oil Company, 73 N. L. R. B. 1; Hudson Hosiery Co., 72 N. L. R. B. 1434.)

Briggs v. Outwater

30 Barb. 501 · New York Supreme Court · Dec 12, 1859

By the Court, Brown, J. … Lott, Emott and Brown, Justices.]

People ex rel. Williamson v. Allen

42 Barb. 203 · New York Supreme Court · Jun 1, 1864

(Cobee v. Davis, 8 How. Pr. R. 367.) … Williamson and Brown as individuals, and not as a board, was insufficient. They deny that any demand was made, and they also deny that Messrs. Purser and Woodruff have been appointed to the office of commissioner.

Statewide Roofing, Inc. v. Eastern Suffolk Board of Cooperative Educational Services

173 Misc. 2d 514 · New York Supreme Court · Jun 26, 1997

Corp. v Metropolitan Transp. Auth., 66 NY2d 144 , supra; Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187 , supra). … Board of Educ., 34 NY2d 222 [1974]; Matter of Gandolfo v White, 224 AD2d 526 [1996]).

Board of Education of Central School District No. 1 v. Homer

80 Misc. 2d 339 · New York Supreme Court · Dec 30, 1974

Corp. v. … The insurance company admits that in its contract of insurance with the school board it agreed to protect the board from liability for damages incurred as the result of the negligence of the board’s employees.

City of Syracuse v. Roscoe

66 Misc. 317 · New York Supreme Court · Feb 15, 1910

Brown v. Board, 52 N. Y. 224 ; People ex rel. Benedict v. Supervisors, 24 Hun, 413 ; People ex rel. Ryan v. Green, 5 Daly, 254 . … In Board of Supervisors v. Clark, 92 N.

Caspian Realty, Inc. v. Zoning Board of Appeals

17 Misc. 3d 694 · New York Supreme Court · Sep 28, 2007

of discretion (Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Martino v Board of Zoning Appeals of Inc. … Osgood, supra-, Matter of Martino v Board of Zoning Appeals of Inc.

Parsons v. Lipe

158 Misc. 32 · New York Supreme Court · Sep 9, 1933

Brown a letter incorporating one of the talks; that Charles Lipe was very anxious that the board of directors should be increased so that I might go on the board as a representative of Charles Lipe and know something about … Julian Brown, who was not a member of the board of directors, should also be added to the board of directors; that Mr.

Todal Custom Builders, Inc. v. Town Board of Hempstead

52 Misc. 2d 311 · New York Supreme Court · Nov 29, 1966

Under the facts of this case the principle that an ordinance which destroys the greater part of its value is unconstitutional (Dowsey v. Kensington, 257 N. Y. 221 ; Rockdale Constr. Corp. v. … Y. 519 ; Vernon Park Realty v. City of Mount Vernon, 307 N. Y. 493 ) is not applicable. While the aforesaid cases were concerned with use restrictions such a distinction would be spurious. Plaintiff cites Riviere v.

MYC New York Marina, L.L.C. v. Town Board

17 Misc. 3d 751 · New York Supreme Court · Oct 1, 2007

Board of Zoning & Appeals of Town of N. … “Arbitrary action is without sound basis in reason and is generally taken without regard to the facts” (Matter of Pell v Board of Educ. of Union Free School Dist.

Board of Health of Town of Brighton v. City of Rochester

1 N.Y.S. 725 · New York Supreme Court · Jun 15, 1888

The law on the subject, as.deduced from the authorities, ancient and modern, is fully considered- and clearly stated by Judge Cowen in the leading case of Butler v. … Andrews v. Long, 79 N. Y. 574 .