Case law

Board of Directors of Hunt Club at Coram Homeowners Ass'n, Inc. v. Hebb

22 Misc. 3d 584 · New York Supreme Court · Nov 17, 2008

Bank of Centereach, F.S.B. v Denkensohn, 222 AD2d 659 [2d Dept 1995]; Crest/Good Mfg. Co. v Baumann, 160 AD2d 831 [2d Dept 1990]). … Bank v Chase, 226 AD2d 1034 [3d Dept 1996]).

Sherman v. Board of Education of the Hendrick Hudson Central School District

88 Misc. 2d 661 · New York Supreme Court · Oct 15, 1976

Van Vleck, Inc. v Klein, 49 Misc 2d 240 .) … (Matter of Walker v Murphy, 15 NY2d 650 ; Matter of Payton v New York City Tr. Auth., 8 NY2d 737 ; Matter of Diocese of Rochester v Planning Bd. of Town of Brighton, 1 NY2d 508 .)

Metropolitan Taxicab Board of Trade v. New York City Taxi & Limousine Commission

38 Misc. 3d 936 · New York Supreme Court · Jan 3, 2013

(Pauk v Board of Trustees of City Univ. of N.Y., 68 NY2d 702, 705 [1986].) As the Court of Claims observed, “there is no universally accepted standard or test to be applied in making such a determination.” … Pauk v Board of Trustees of City Univ. of N.Y., 68 NY2d 702 [1986]; Matter of Awad v State Educ. Dept. of N.Y., 240 AD2d 923 [3d Dept 1997].)

Greenblatt v. New York State Labor Relations Board

110 Misc. 2d 911 · New York Supreme Court · Oct 2, 1981

Hearings by the New York State Labor Relations Board were held. At those hearings, the plaintiff took the position that the SLRB has no jurisdiction to entertain the petition. … Lorenz, 198 Misc 970 ; Matter of Allen v Kelley, 191 Misc 762 , affd 273 App Div 963 ; Inter-County Blood Banks v New York State Labor Relations Bd., 56 Misc 2d 1069 ).

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

54 Misc. 2d 1085 · New York Supreme Court · Oct 19, 1967

The Board of Education has the authority and the duty to adopt rules and regulations for the orderly and efficient operation of the school. … The board, however, must consider the general over-all operation of the school. The motion is, therefore, denied.

Board of Education v. Lakeland Federation of Teachers

89 Misc. 2d 897 · New York Supreme Court · May 7, 1975

(See Lehman v Dobbs Ferry Bd. of Educ., 66 Misc 2d 996 .) … [Maratta], 9 NY2d 319 ; Cole v Mostel, 27 AD2d 721 ; Matter of Lipsky [Fashion Art Corp.]. 23 AD2d 775 ; Lehman v Dobbs Ferry Bd. of Educ, supra.)

Hickey Ford Sales, Inc. v. Board of Education

88 Misc. 2d 93 · New York Supreme Court · Oct 18, 1976

State v Board of Trustees, Vil. of Cayuga Hgts., 42 AD2d 660, 661 ; Matter of Andresen v Rice, 277 NY 271, 282 ; Matter of Ahern v Board of Supervisors of County of Suffolk, 6 NY2d 376 ; Matter of Allen v Eberling, 24 AD2d … (Bailey v Colonna, 73 Misc 2d 299 ; Hopkins v Hannah, 135 Misc 750, 756 .)

People ex rel. Board of Supervisors v. Commissioners of Prospect Park

58 Barb. 638 · New York Supreme Court · Jun 14, 1870

(Com. v. Alger, 7 Cush. 53 , 85, 86.) And by section 7 of the act referred to, that power was delegated to these commissioners over the land appropriated to the creation of this parade ground.

Calcione v. New York State Board of Parole

84 Misc. 2d 509 · New York Supreme Court · Apr 23, 1975

In the instant proceeding, petitioner cannot prepare and present his case before the Parole Board due to the serious nature of his present mental condition. … Accordingly, the petition is granted to the extent that respondent is directed to permit petitioner to be assisted by counsel and to speak in his behalf before the Board of Parole at the parole release hearing scheduled for

People ex rel. Buffalo & Lake Erie Traction Co. v. State Board

77 Misc. 235 · New York Supreme Court · Jun 15, 1912

Co. v. State Board of Tax Commissioners, 202 N. Y. 426 . … Co. v. Woodbury, 203 N.

Gaiser v. Thom

30 Misc. 2d 619 · New York Supreme Court · Jan 17, 1961

(Matter of Clare v. Silver, 4 N Y 2d 107; Matter of Mandle v. Brown, 5 N Y 2d 51.) … (Matter of Mandle v. Brown, supra, p. 64.) Thus reclassification is a realistic re-evaluation and designation of positions actually held but these positions must have been held under valid appointments.

Layne v. New York State Board of Parole

75 Misc. 2d 658 · New York Supreme Court · Sep 5, 1973

There are, of course, significant differences between minimum sentencing by a court and that by a board, the most significant being that the board may, from time to time, reduce such minimum period (Correction Law, § 212, … subd. 2) while the *659 court cannot (Walker v.

Cleaners & Dyers Board of Trade, Inc. v. Spotless Dollar Cleaners, Inc.

150 Misc. 699 · New York Supreme Court · Jan 26, 1934

People ex rel. Peck v. Board of Police of the Metropolitan Police District

35 Barb. 651 · New York Supreme Court · Nov 4, 1861

People ex rel. Andrews v. Board of Supervisors of Erie County

12 N.Y. Sup. Ct. 120 · New York Supreme Court · Jun 15, 1875

People ex rel. Pond v. Board of Supervisors of Monroe County

20 N.Y.S. 97 · New York Supreme Court · Sep 13, 1892

People ex rel. Calkins v. Board of Supervisors of Greene County

10 N.Y. St. Rep. 633 · New York Supreme Court · Sep 20, 1887

—The relator’s bill against the county of Greene was rejected by the board of supervisors, because his report to the board, required by chapter 341, Laws of 1864, was incomplete. … The board of supervisors are the auditing board, and they were entitled to all the facts which a complete report would have afforded them.

North Bellmore Teachers Ass'n v. Board of Education

68 Misc. 2d 238 · New York Supreme Court · Nov 15, 1971

Bender v. Milliken, 185 N. Y. 35, 39 ; cf. Thomson v. Tracy, 60 N. Y. 31, 37 ; Matter of De Santis v. Brown, 37 A D 2d 865; Matter of Rushmore v. … Moreover, a similar argument was considered and rejected in Matter of Zeluck v. Board of Educ. (supra).

People ex rel. Farnsworth v. Board of Sup'rs of Orleans County

20 N.Y.S. 398 · New York Supreme Court · Oct 21, 1892

The board of supervisors isa body of strictly limited powers. It has no power of legislation except as expressly conferred by statute, (Const, art. 3, § 23; People v. … This conclusion is so radical that we think it unnecessary to consider other grounds of objection to the action of the board of supervisors.

Collins v. Carver Federal Savings & Loan Ass'n

28 Misc. 2d 969 · New York Supreme Court · May 15, 1961

The court finds that the plaintiff failed to sustain the burden resting upon him of impeaching the transaction as a cover for usury (Brown v. Robinson, 224 N. Y. 301 , 314-315 ; White v. Benjamin, 138 N. Y. 623, 624 ). … Y. 264 , 266 ; Thurston v. Cornell, 38 N. Y. 281 , 284 ; Bennett v. Ginsberg, *971 141 App. Div. 66 ).