Case law

Jacobson v. Ithaca City School District

53 Misc. 3d 1091 · New York Supreme Court · Sep 23, 2016

CV F 08-1215 LJO GSA]; Board of Educ. of the Toledo City Sch. Dist. v Horen, 2010 WL 3522373 , *25-26, 2010 US Dist LEXIS 98231 , *76-83 [ND Ohio, Sept. 8, 2010, No. 3:07CV3631]). … Luvelle Brown, sworn to June 21, 2016 (the Brown aff): (9) iv, vii, viii, xiv, xviii, xxii, xxxi, xxxii, and xxxiv; (12) i-xiv; (19) v, ix, and x; and (20) i-xii. *1099 The petition also seeks an award of attorney’s fees

People ex rel. Benedict v. Board of Supervisors

31 N.Y. Sup. Ct. 413 · New York Supreme Court · Apr 15, 1881

(The People v. Stocking, 50 Barb., 573 ; Judges of Oneida Com. Pleas v. The People ex rel. Savage, 18 Wend., *420 79 ; Howland v. Eldridge, 43 N. Y., 457 ; Wood on Mandamus, 94, 95.) … Curry v.

People ex rel. McKenzie v. Board of Supervisors

37 N.Y. Sup. Ct. 148 · New York Supreme Court · May 15, 1883

And, of course, unless the board had the authority to do this without the mandmnus, the court can give the board no new power by the mandamus. … It would then seem to follow either that the old town remained liable for the debt (People v. Morrell, 21 Wend., 563 ), or that the debt must be apportioned as provided by the statute above cited.

People ex rel. Otto v. Board of Assessors

34 N.Y. Sup. Ct. 559 · New York Supreme Court · Sep 15, 1882

(People v. Cassity, 46 N. Y., 46 ; Smith v. The Mayor, 68 id., 552; The People ex rel. Van Nest v. Commissioners of Taxes, etc., 80 id., 573; The People ex rel. N. Y. Elevated R. R. Co. v. Same, 82 id., 459.)

Rent Stabilization Ass'n of New York City, Inc. v. Rent Guidelines Board

98 Misc. 2d 312 · New York Supreme Court · Sep 25, 1978

(To the same effect see United States v Florida East Coast Ry. Co., 410 US 224 .) … Park Terrace Caterers v McDonough, 9 AD2d 113 ) and, among other things, a likelihood of ultimate success on the merits (cf. Albina v Solork Assoc., 37 AD2d 835 ) in acquiring an increase.

People ex rel. Conway v. Board of Supervisors

13 N.Y. Sup. Ct. 572 · New York Supreme Court · Jan 15, 1876

The construction of the bridge might have been a proper county charge if the work had been done under the authority of the board of supervisors. (Phelps v. Hawley, 52 N. Y., 23 .) … (Newburgh Turnpike Co. v. Miller, 5 Johns. Ch., 101 ; Mayor v. Furze, 3 Hill, 612 ; Baldwins. The Mayor, 2 Keyes, 410 ; Phelps v. Hawley, supra; People ex rel. Otsego Bank v. The Board of Sup. of Otsego, 51 N.

People ex rel. Board of Supervisors v. Hadley

21 N.Y. Sup. Ct. 183 · New York Supreme Court · May 15, 1878

This court held in The People v. Hillhouse ( 1 Lans., 87 ), that the comptroller was authorized to act upon proofs taken in his absence before a referee. … Sheridan v. Andrews, 52 N. Y., 448 -9), and that the board of supervisors is not such a party. The order appealed from should be reversed, and the writ should be quashed with costs. Barnard, P.

People ex rel. Springsted v. Board of Trustees of Cobleskill

20 N.Y.S. 920 · New York Supreme Court · Nov 22, 1892

The order awarding a writ of certiorari, from which the appeal is taken, was not granted within four months after the assessment sought to be reviewed was confirmed and levied by the board of trustees of the village of Cobleskill … This is, not an open question, In People v. Hildreth, 126 N. Y. 360 , 27 N. E. Rep. 558, the question of jurisdiction was raised, as will be seen by examining the points of counsel.

Wilson v. Board of Education of Union Free School District No. 1

26 Misc. 2d 1075 · New York Supreme Court · Nov 16, 1960

(Matter of Armitage v. Board of Educ., 122 Misc. 586 , affd. 210 App. Div. 812 , affd. 240 N. Y. 548 .) … (Matter of High v. Board of Educ., 169 Misc. 98 , affd. 256 App. Div. 1074 ; Matter of McMaster v. Owens, 275 App. Div. 506 .) This purported- contract was, in fact, ultra vires.

People ex rel. Copcutt v. Board of Health of Yonkers

24 N.Y.S. 629 · New York Supreme Court · Jul 28, 1893

It is the claim of the relator that the board of health was not legally constituted at the time of the passage of the resolution of April, 1893. In the case of People v. Parker, 117 N. Y. 86 , 22 N. E. … Justice Dykman, in Board of Health v. Copcutt. See 24 N. Y. Supp. 625 .

Crooke v. Mali

11 Barb. 205 · New York Supreme Court · Jun 14, 1851

(Jenks v. Smith, 1 Comst. R. 90. Henry v. The Bank of Salina, 1 Id. 83. Holbrook and others v. Wight, 24 Wend. R. 169.) … See the case of Brouwer, receiver of tie Croton Insurance Co. v. Crooke & Fowks, (4 Comst. 51 to 55 ;) reported under the title of “ Brown v. Crooke,” in Which the principle of the case of Deraismes v.

New York, Lake Erie & Western Railway Co. v. Board of Supervisors

67 How. Pr. 5 · New York Supreme Court · Sep 15, 1882

intention of the legislature to repeal or alter the particular law is manifest, although the terms of the general act would, taken strictly, and but for the special law, include the case or cases provided for by it (Caper v.

Tinsley v. Monserrat

61 Misc. 2d 599 · New York Supreme Court · Jan 30, 1970

The respondent Board of Education caused to be published a proposed plan for the Borough of Manhattan. … The result is contrary to developing trends in this complex area and in violation of the principles enunciated in Brown v. Board of Educ. ( 347 U. S. 483 ).

Nuara v. State of New York Workers' Compensation Board

43 Misc. 3d 425 · New York Supreme Court · Feb 11, 2010

In Held v Workers’ Compensation Bd. … Roth, 99 NY2d 316, 322 [2003]; Seittelman v Sabol, 91 NY2d 618, 625 [1998]; Kurcsics v Merchants Mut.

Rogers v. Board of Trustees of the Buffalo Police Pension Fund

130 Misc. 204 · New York Supreme Court · Aug 19, 1927

The board of police laid the recommendation upon the table until its next meeting, and the petitioner notified, so that he might take such action, as he saw fit. … The matter of a pension for total instead of partial disability *207 has never been submitted to the said board, of trustees, and consequently has never been acted upon.

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

50 How. Pr. 353 · New York Supreme Court · Sep 22, 1874

All actions against counties must be brought against the board of supervisors thereof (2 Rev. Stat., 473, sec. 95; 1 id., 364). … It is strictly an action against the county as a municipal corporation, prosecuted in the manner specially directed by statute, in which the board of supervisors is named defendant. The board is not an officer.

People ex rel. Babbitt v. Board of Commissioners of Taxes & Assessments

41 How. Pr. 459 · New York Supreme Court · Jul 1, 1870

The Board of Education of Lockport, *470 ( 46 Barb., 588 ), which may be cited as authority for the action of the respondents in this case, and which, therefore,, demands some consideration here. … V. The case which is made by the relator commends itself to the court, as one presented in good faith.

Callahan v. Dennis

207 Misc. 733 · New York Supreme Court · Apr 4, 1955

Brown v. Freisch, 215 N. Y. 356 ; Matter of Tamney v. Atkins, 209 N. Y. 202 ; People ex rel. March v. Beam, 188 N. Y. 266 ; Matter of Hearst v. Woelper, 183 N. Y. 274 ; People ex rel. Brink v. Way, 179 N. … Brown v. Freisch, supra, pp. 370 , 371 ; People ex rel. McCourt v. Whalen, supra.) It would seem that the only remedy available to the petitioner is a plenary action in quo warranto. (People ex rel. Brink v.

Joanette Juniors, Inc. v. Board of Home Missions of Congregational & Christian Churches

197 Misc. 291 · New York Supreme Court · Dec 20, 1949

[d]) failed because plaintiff’s removal as a result of defendant’s notification was held not to be an eviction of plaintiff within the meaning of these laws (Joanette Jumors v. Board of Home Missions, 273 App. … But the complaint in this action has been adjudged sufficient as alleging the familiar common law action for damages for fraud and deceit (Joanette Juniors v. Board of Home Missions, N. Y. L.

People ex rel. Groton Bridge Manuf'g Co. v. Town Board

36 N.Y.S. 1062 · New York Supreme Court · Dec 28, 1895

The resolution was signed by the members of the town board. … The resolution of the board was unquestionably sufficient to authorize the commissioner to construct a new bridge* People v. Smith, 83 Hun, 432 , 31 N. Y. Supp. 746 .