Case law

Caparco v. Kaplan

36 Misc. 2d 653 · New York Supreme Court · Nov 5, 1962

Y. 613 ; Matter of Board of Educ. of City of Beacon v. State Dept. of Educ., 275 App. Div. 1041 ; Matter of McDermott v. Johnson, 1 Misc 2d 55, 57 , supra; Brown v. Bates, 102 N. Y. S. 2d 859, 860). … (See, also, Matter of Browne v. Board of Parole, 10 N Y 2d 116, 122; Matter of Board of Educ. of City of Beacon v. State Dept. of Educ., 275 App. Div. 1041 , supra; Matter of Zorach v. Clauson, 86 N. Y.

Committee of Interns & Residents v. New York State Labor Relations Board

89 Misc. 2d 424 · New York Supreme Court · Jan 20, 1977

In Marine Engineers v Interlake Co. ( 370 US 173 ), the National board had concluded that petitioner unions were "labor organizations” pursuant to the National Labor Relations Act. … in the Garmon case, 359 U.S., at 246, 'is with delimiting areas * * * which must be free from state regulation if national policy is to be left unhampered’” ( 370 US 173, 184-185 , supra; see, also, Bethlehem Steel Co. v

Torsoe Bros. Construction Corp. v. Board of Trustees

81 Misc. 2d 702 · New York Supreme Court · Apr 7, 1975

Y. v Patterson, 42 AD2d 328 ; Town Bd. of Town of Poughkeepsie v City of Poughkeepsie, supra; see Matter of Buff v Board of Trustees, 5 NY2d 602 ). … Byors & Sons v Board of Water Comrs., 358 Mass 354, supra; S. S. & O. Corp. v Township of Bernards Sewerage Auth., 62 NJ 369, supra; Woodside Homes v Town of Morristown, 26 NJ 529).

People ex rel. Kimball v. Board of Supervisors

32 N.Y. Sup. Ct. 131 · New York Supreme Court · Sep 15, 1881

We are cited to The People v. The Board of Assessors ( 39 N. … Mehropolitan Police Board ( 39 N. Y., 506 ), and in The People v. Supervisors of Westchester ( 57 Barb., 377 ), and in The People v. Supervisors of Madison ( 51 N. Y., 442 ).

Minick v. Scranton

145 Misc. 2d 1006 · New York Supreme Court · Dec 12, 1989

Brown, J. This proceeding has its antecedents in a general election *1007 held on November 7, 1989. Petitioner Mark R. … (Matter of O’Shaughnessy v Monroe County Bd. of Elections, 15 AD2d 183 ; Matter of Gates v Scaringe, 105 AD2d 543 ; Matter of Decker v Jutkofsky, 77 AD2d 733 .)

Genesis of Mount Vernon, N.Y., Inc. v. Zoning Board of Appeals

152 Misc. 2d 997 · New York Supreme Court · Jun 28, 1991

It is well established that zoning may be used to limit the use of certain neighborhoods to single-family residences (Group House v Board of Zoning & Appeals, 45 NY2d 266, 271 ). … The concept of family was extended in Group House v Board of Zoning & Appeals ( 45 NY2d 266 , supra).

New York & Harlem Railroad v. Board of Trustees

14 N.Y. Sup. Ct. 652 · New York Supreme Court · May 15, 1876

(Owners of Lands v. The Mayor, 15 Wend., 374 .) This rule was followed in this court in the case of The Village of Sing Sing v. The Mayor of New York, where a road was laid out over the Croton aqueduct. … There is a marked difference in this lease and that described in Marsh v. The City of Brooklyn ( 59 N. Y., 280 ).

Taylor v. Renzi

41 Misc. 2d 160 · New York Supreme Court · Apr 24, 1963

This is the settled policy of this State (La Montague v. La Montague, 239 App. Div. 352 [1st Dept., 1933], affd. 264 N. Y. 552 [1934]; De Robertis v. De Robertis, *162 261 App. Div. 476 [4th Dept., 1941]; Kyff v. … Rapp v.

Kugler v. Board of Trustees of State University

45 Misc. 2d 239 · New York Supreme Court · May 1, 1964

On June 13, 1963 the respondent board adopted the following resolution 63-134: ‘ ‘ Resolved that Resolution 60-51 adopted by the Board of. … whole issue is one of educational administration, and the courts will not substitute their judgment for that exercised by the officials to whom administrative power has been delegated by the Legislature (Matter of Marburg v.

Perkins v. New York City Department of Education

43 Misc. 3d 903 · New York Supreme Court · Apr 30, 2014

v Board of Educ. of the City School Dist. of the City of N.Y., 89 AD3d 486, 487 [1st Dept 2011]). … City of New York, 88 AD3d 527 , 529 [1st Dept 2011], citing Matter of Blaize v Klein, 68 AD3d 759 [2d Dept 2009], and Matter of Lehman v Board of Educ. of City School Dist. of City of N.Y., 82 AD2d 832, 834 [2d Dept 1981]

Wood v. Draper

4 Abb. Pr. 322 · New York Supreme Court · Apr 15, 1857

The first case in which the aid of this court was invoked by a tax-payer to prevent a misapplication of moneys raised by taxation, or in the possession of the corporation, was that of Adriance v. … Swormstedt, 18 How., 288 ; Brown a. Robertson, 18 Ib., 480.) In Light a.

Grumman Aircraft Engineering Corp. v. Board of Assessors

3 Misc. 2d 339 · New York Supreme Court · Dec 7, 1955

United States v. Wigglesworth, 2 Story, 369 ; American Net & Twine Co. v. Worthington, 141 U. S. 468, 474 ; Benziger v. United States, 192 U. S. 38 , 55 ’. (See, also, Matter of Holmes Elec. Protective Co. v. … A., Inc., v. Minnesota ( 327 U.

Max Kirsch, Inc. v. Board of Standards & Appeals

24 Misc. 2d 1074 · New York Supreme Court · May 13, 1960

(Matter of Cornwall Realty Corp. v. Murdock, 285 App. Div. 951 ; Matter of Larkin Co. v. Schwab, 242 N. Y. 330 ; Matter of Goldenberg v. Walsh, 242 N. … (Matter of Falvo v. Kerner, supra; Matter of Larkin Co. v. Schwab, supra; Matter of Del Vecchio v. Tuomey, 283 App. Div. 955 , affd. 308 N. Y. 749 ; Matter of Reed v. Board of Stds. & Appeals, 255 N. Y. 126 -136.)

New York Public Interest Research Group, Inc. v. Board of Assessment Review

104 Misc. 2d 128 · New York Supreme Court · Aug 6, 1979

Matter of Pierre Pellaton Apts. v Board of Assessors of County of Nassau, 43 NY2d 769 ). … Assoc. v Board of Assessors of County of Nassau, 45 Misc 2d 184 , affd 22 AD2d 1015 , affd 16 NY2d 779 ; Zinder v Board of Assessors of County of Nassau, 66 Misc 2d 150 , affd 38 AD2d 836 ).

Rosenfeld v. Fairchild Engine & Airplane Corp.

201 Misc. 616 · New York Supreme Court · Mar 5, 1952

The plaintiff cites the case of Besseliew v. Brown ( 177 N. C. 65 ). … And in Braswell v. Morrow ( 195 N. C. 127, 132 ) the court in reviewing the problem presented in Besseliew v.

Northrup v. Town of Pittsfield

2 Thomp. & Cook 108 · New York Supreme Court · Nov 15, 1873

That an action at law will lie for the enforcement of a claim of this character against a town has been held by this court in Brown v. Town of Canton, 4 Lans. 413 , and in Hathaway v. Town of Homer, 5 id. 273. … The amount is liquidated and settled quite as conclusively as if a certificate had actually been given, as was done in Brown v. Town of Canton . In Hathaway v.

Malta Town Centre I, Ltd. v. Town of Malta Board of Assessment Review

195 Misc. 2d 619 · New York Supreme Court · Mar 19, 2003

(Viacom Corp. v Board of Assessors of Town of Horseheads, 295 AD2d 791 [3d Dept 2002]; Matter of Rosen v Assessor of City of Troy, 261 AD2d 9 [3d Dept 1999]; also see Matter of Owens Corning v Board of Assessors of Town of … (Wenger v Goodell, 288 AD2d 815, 817 [3d Dept 2001], lv denied 98 NY2d 605 [2002]; Boston v Dunham, 274 AD2d 708, 709 [3d Dept 2000].)

Interboro Elevator Co. v. Board of Standards & Appeals

18 Misc. 2d 799 · New York Supreme Court · Apr 19, 1957

petitioner, as a domestic corporation, directly interested in the subject involving matter of general public interest and concern, is a proper person aggrieved to bring this proceeding to compel the performance of duty (Bee Line v. … Co. v. White, 251 App. Div. 1 ; 6 Fletcher, Cyclopedia Corporations, p. 267).

Walters v. Great Neck Real Estate Board, Inc.

22 Misc. 2d 605 · New York Supreme Court · Dec 4, 1959

(Schnepel v. Board of Educ., 302 N. Y. 94 .) … Collins Tuttle & Co., 6 A D 2d 302, 311; Studley, Inc. v.

People ex rel. Johnson v. Barrows

65 Misc. 158 · New York Supreme Court · Nov 15, 1909

Brown, J. … to pay any deficit in the board of water commissioners’ accounts.