Case law

Gregory v. Incorporated Village

18 Misc. 2d 478 · New York Supreme Court · Apr 1, 1959

.; New York Trap Rock Corp. v. Town of Clarkstown, 1 A D 2d 890; affd. 3 N Y 2d 844, supra; Matter of Hayes v. City of Yonkers, 143 N. Y. S. 2d 699, 700, affd. 1 A D 2d 1031; Brown v. … In the Brown v.

New York State Labor Relations Board v. Post Pharmacy, Inc.

208 Misc. 78 · New York Supreme Court · May 12, 1955

Co. v. New York State Labor Relations Bd., 280 N. Y. 194 -206.) … From 1935 to 1953, the National Labor Relations Board excluded close relatives of management from units of ordinary employees, and this policy was upheld by the Federal courts. (National Labor Relations Bd. v.

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.

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.

Campanella v. Pursley

25 Misc. 2d 54 · New York Supreme Court · May 4, 1960

(Mattice v. Wilcox, 147 N. Y. 624 .) … Tarrytown Daily News, supra; Taylor v. Church, 8 N. Y. 452 ; Amory v. Vreeland, 125 App. Div. 850 ; Carpenter v. New York Evening Journal Pub. Co., 111 App. Div. 266 ).

People ex rel. Sears v. Board of Assessors

25 N.Y. Sup. Ct. 386 · New York Supreme Court · Jul 15, 1879

(People v. Roper, 35 N. Y., 629 .)

New Amber Auto Service, Inc. v. New York City Environmental Control Board

163 Misc. 2d 113 · New York Supreme Court · Nov 9, 1994

Assocs. v Tyburski, 70 NY2d 325, 336 , quoting Foss v City of Rochester, 65 NY2d 247 , 253; City of New York v Castro, 160 AD2d 651, 652 ; see also, Connally v General Constr. … Likewise, we find that section 3.3 (a) of the Environmental Control Board Rules and Regulations (15 RCNY 31-53 [a]) is not unconstitutionally vague and is not violative of due process.

New York State Labor Relations Board v. Club Transportation Corp.

192 Misc. 1000 · New York Supreme Court · Jul 15, 1948

The burden rests upon the board to establish that an unfair labor practice has been-committed. (Matter of Stork Restaurant, Inc. v. Boland, 282 N. Y. 256 ; New York State Labor Relations Board v. Shattuck Co., 260 App. … (Williams v. Quill, 277 N. Y. 1 .) Furthermore, the board has not found that Suburban employees remained as an appropriate unit after June 30, 1945. (Board’s finding No. 54.)

Ryan v. Board of Trustees of the Police Officer's Variable Supplements Fund

138 Misc. 2d 826 · New York Supreme Court · Jan 27, 1988

Co. v Board of Equalization, 451 US 648 ). … (Poggi v City of New York, 109 AD2d 265, 274 [1st Dept 1985].)

B & L Development Corp. v. Town of Greenfield

146 Misc. 2d 638 · New York Supreme Court · Feb 20, 1990

Brown, J. The plaintiffs-petitioners pray for an order nullifying and vacating the enactment of the Town Board of the Town of Greenfield of Local Laws, 1989, No. 5 entitled "An Interim Land Use Development Local Law”. … (See, Matter of West Lane Props. v Lombardi, 139 AD2d 748 ; Turnpike Woods v Town of Stony Point, 121 AD2d 715 ; Matter of Dune Assocs. v Anderson, 119 AD2d 574 .)

Board of Education of the Monroe-Woodbury Central School District v. Wieder

134 Misc. 2d 658 · New York Supreme Court · Feb 10, 1987

of Educ. v Ambach, supra; Anderson v Bennett, US Dist Ct, SDNY, Brieant, J. [85 Civ 8632-CLB]; Matter of Greve v Board of Educ., 43 AD2d 851 [2d Dept], affd. 36 NY2d 673 .) … (Smith v Robinson, 468 US 992 ; Riley v Ambach, 668 F2d 635; see also, Gregg B. v Board of Educ., 535 F Supp 1333 .)

Wood v. Board of Commissioners of Excise of the Town of Randolph

9 Misc. 507 · New York Supreme Court · Aug 15, 1894

Burkle v. Luce, 1 N. Y. 239 ; Porter v. Cobb, 25 Hun, 184 . … Metropolitan Board of Health, 33 How. Pr. 3 ; 34 How. 31 ; Mack v. McCullock, 2 How. Pr. 127), the General Term of this eighth district held the contrary in Wheelock, Commissioner, etc., v. Hotchkiss, 18 How. Pr. 468 .

Board of Education of Union Free School District No. 14 v. Allen

32 Misc. 2d 381 · New York Supreme Court · Dec 30, 1961

(Matter of Board of Educ. of City of New York v. Allen, 6 N Y 2d 127, 136.) … (Matter of Ross v. Wilson, 308 N. Y. 605, 608 , emphasis supplied; Matter of Levitch v. Board of Educ., 243 N. Y. 373, 375 .) ” (Italics supplied.) The recent case of Matter of O’Brien v.

Jamestown Sterling Corp. v. United Furniture Workers of America

31 Misc. 2d 969 · New York Supreme Court · Dec 6, 1961

Brown was persuaded not to cross the picket line and they denied that force was used to restrain her. … (Thornhill v. Alabama, 310 U. S. 88 [1940]; see Drivers Union v. Meadowmoor Co., 312 U. S. 287 [1941]; Thomas v. Collins, 323 U. S. 516 [1944].)

Schmeider v. McLane

36 Barb. 495 · New York Supreme Court · May 12, 1862

By the Court, Brown, J. … Emcrtt, Brown, Scrugham and Lott, Justices.] The judgment should he affirmed.

New York State Labor Relations Board v. Holland Laundry, Inc.

180 Misc. 1031 · New York Supreme Court · May 16, 1943

(said by the Board to be a “ Balleisen contract,” condemned in National Licorice Co. v. … State Labor Relations Bd. v. Timen, 264 App. Div. 120 ; Stork Restaurant, Inc., v. Boland, 282 N. Y. 256 ; National Labor Relations Bd. v. P. Lorillard Co., 314 U. S. 512 .)

People ex rel. Post v. Board of Supervisors of the County of Ontario

4 Denio 260 · New York Supreme Court · Apr 15, 1847

V.) 4. Search warrants, and proceedings thereon. (2 R. S. 746, § 25 to 28.) III. … As the board did not in all respects act in accordance with the results at which we have arrived, a mandamus is ordered. Motion granted.

People ex rel. Erie Railroad Co. v. Board of Supervisors

51 Misc. 200 · New York Supreme Court · Jun 15, 1906

A motion is now made for a peremptory writ of mandamus, directing the board of supervisors to audit and pay to relator this claim for school and highway taxes. … Co. v. Matthias, 84 App. Div. 122 , for the school and highway tax refund, which case had not been decided at the time the State, county and town taxes were refunded by the board. The law has in no way changed.

Mills v. City of New York

189 Misc. 291 · New York Supreme Court · Apr 5, 1947

In support of this contention Trustees of Canandaigua v. Foster ( 156 N. Y. 354 ), Toth v. Kennedy & Smith, Inc. ( 259 App. Div. 855 ), and Nickelsburg v. City of New York ( 263 App. Div. 625 ) are cited. … Co. v. Macon R., etc., Co., 9 Ga.