Case law

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  • Spinella v. Town of Paris Zoning Board of Appeals

    194 Misc. 2d 232 · New York Supreme Court · Nov 20, 2002

    v Pagan, 191 AD2d 651 [2d Dept 1993]; Jones v New York City Tr. … Auth., 126 Misc 2d 585 [Civ Ct, NY County 1984]; People v Brown, 62 NY2d 743 [1984]; People v Johnson, 134 AD2d 617 [2d Dept 1987]).

    Cited 0 timesPublished
  • People ex rel. Central Bank of Cherry Valley v. Board of Supervisors

    53 Barb. 564 · New York Supreme Court · Jul 21, 1868

    . • According to the well settled rules for the construction of statutes, the law of 1867 was mandatory and imperative upon the defendants, as a board of supervisors, to determine the amounts of taxes the relators paid by … (People v. The Supervisors of New York, 11 Abb. 114 . People v. Common Council of Brooklyn, 22 Barb. 404 . People v. Haws, 34 id. 69. Mayor v. Furze, 3 Hill, 612 . 4 Wallace, 435. 5 id. 705.)

    Cited 3 timesPublished
  • People v. Carter

    29 Barb. 208 · New York Supreme Court · May 9, 1859

    By the Court, Brown, J. … (See The People v. Keeler, supra.)

    Cited 7 timesPublished
  • Town of Riverhead v. New York State Board of Real Property Services

    2 Misc. 3d 669 · New York Supreme Court · Jul 9, 2003

    Respondent, New York State Board of Real Property Services, moves to dismiss the instant proceeding for lack of subject matter jurisdiction. … (See RPTL 1314 [2]; Matter of City of Oswego v New York State Bd. of Real Prop.

    Cited 1 timesPublished
  • Gibbs v. Long Island Bank

    31 N.Y.S. 406 · New York Supreme Court · Dec 10, 1894

    This case differs from Leggett v. Bank, 24 N. Y. 283 , only in respect to a single fact. … Williamson v. Brown, 15 N. Y. 354 -360; Baker v. Bliss, 39 N. Y. 70 . He Avas bound to examine the articles of association, and cannot plead his ignorance thereof to defeat the defendant’s lien.

    Cited 9 timesPublished
  • McClean v. Department of Health

    200 Misc. 48 · New York Supreme Court · Feb 20, 1951

    In Matter of Browne v. Rice ( 259 App. … Shortly thereafter another proceeding involving the same question of law came before the Appellate Division, Second Department (Fucelli v. Rice, 260 App. Div. 935 ), in which the court, after citing Matter of Brown v.

    Cited 0 timesPublished
  • Board of Education of Union Free School v. Mapes

    14 N.Y. St. Rep. 593 · New York Supreme Court · Feb 15, 1888

    The board (plaintiff) was empowered to use the moneys for the purpose of the act, among which it specified '' the purchasing the school site selected by said special meeting of the taxable inhabitants.” … The Rider Raft Co. v. Roach, 97 N. Y. 378 Moore v.

    Cited 0 timesPublished
  • In re Bensel

    68 Misc. 70 · New York Supreme Court · Jun 15, 1910

    (People v. Woodbury Dermatological Institute, 192 N. Y., 454 ; Hannon v. Siegel-Cooper *83 Co., 167 N. Y. 244, 246 .) … (Clark v. Scovill, 198 N. Y. 279 .)

    Cited 7 timesPublished
  • In re Acquiring Title, Eighteenth Avenue between Forty-Seventh & Forty-Eighth Streets

    121 Misc. 645 · New York Supreme Court · Oct 15, 1923

    The court has power to review the action of the board or officer authorized to examine and audit the accounts. … McCabe v. Matthies, 179 N. Y.-242; People ex rel. Myers v. Barnes, 114 id. 317; People ex rel. Brown v. Board of Apportionment & Audit, 52 id. 224.

    Cited 0 timesPublished
  • Dennis & Williams v. Ludlow

    2 Cai. Cas. 111 · New York Supreme Court · Aug 15, 1804

    Because the time of sailing was when the vessel broke ground at Savannah, with her clearance, - cargo, *and papers on board; 2. Because in fact, she went to sea on the 30th September; 3. … As to the inception of the voyage (see Henshaw v. Mar. Ins. Co., post, 274,) by sailing from the port of'Savannah, or from Oockspur; this will depend on the quo animo, or bona fide intent of the party.

    Cited 1 timesPublished
  • Board of Education, Peru Central School District v. Stephney

    9 Misc. 3d 927 · New York Supreme Court · Jul 6, 2005

    Hampton Union Free School Dist. v Yusko, 269 AD2d 445 [2d Dept 2000]). … . of Teachers, Local 2, AFT, *933 AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 81 [2003]).

    Cited 0 timesPublished
  • People ex rel. Martin v. Earle

    47 How. Pr. 458 · New York Supreme Court · Oct 15, 1873

    Brown agt. Green [MSS.], general term of November, 1874). … Brown agt. Green [MSS.], general term decision). Comstock, J., in People agt. Flagg ( 17 N.

    Cited 0 timesPublished
  • People ex rel. Titus v. Board of Police of the Metropolitan Police District

    35 Barb. 535 · New York Supreme Court · Nov 18, 1861

    These inconsistent employments may have consisted in observing obedience to the authority of the old board of police, and acting in hostility to the new, during a certain period after the new act was passed. … If the facts, in respect to the employments referred to, are of such a nature that removal from office ought to follow, it will still be within the power of the board to cause it to be immediately done.

    Cited 3 timesPublished
  • La Clair v. Caswell

    112 Misc. 2d 979 · New York Supreme Court · Feb 9, 1982

    Brown, 37 AD2d 865 ). … (Matter of Potash v Molik, 35 Misc 2d 1, 3 , affd on other grounds 17 AD2d 111 .) This special proceeding commenced by petitioners is found to be timely.

    Cited 2 timesPublished
  • Westfall v. Gere

    3 Lans. 151 · New York Supreme Court · Sep 15, 1870

    S., 394, § 33; id., 396, § 37; Parish v. Golden, 35 N. Y., 462 ; Van Rensselaer v. Whitbeck, 7 id., 517 .) … (Henderson v. Brown, 1 Caines, 92 ; Sheldon v. Van Buskirk, 2 N. Y., 473 ; Trustees of Rochester v. Symonds, 7 Wend., 392 .)

    Cited 1 timesPublished
  • Warren Foundry & Pipe Corp. v. Board of Water Commissioners of Village of Ossining

    146 Misc. 323 · New York Supreme Court · Sep 29, 1932

    Cited 5 timesPublished
  • City of Syracuse v. Wright

    4 Misc. 2d 714 · New York Supreme Court · Aug 4, 1956

    The case of Mills v. Sweeney ( 219 N. … Griffin v. Mayor of Brooklyn ( 4 N. Y. 419 ); Humphrey v. Chamberlain ( 11 N. Y. 274 ); Newell Universal Mill Co. v. Muxlow ( 115 N. Y. 170 ).

    Cited 4 timesPublished
  • Buchko v. Board of Education of Connetquot Central School District No. 7

    43 Misc. 2d 43 · New York Supreme Court · Apr 24, 1964

    Board of Educ., 259 N. Y. 191 ; Cottrell v. Board of Educ., supra; Levert v. Central School Dist. No. 6, 24 Misc 2d 833 ,10 A D 2d 975.) … There is no illegality per se in such procedure (see Matter of Board of Educ. v. Wilson, 303 N. Y. 107 ). The conclusory allegations of unconstitutionality and illegality are insufficient (Matter of Board of Educ. v.

    Cited 2 timesPublished
  • Consumer Protection Board of New York v. Public Service Commission of New York

    110 Misc. 2d 1 · New York Supreme Court · Jul 7, 1981

    (Matter of Pell v Board of Educ., 34 NY2d 222 .) … (Matter of United States Tube & Foundry Co. v Feinberg, 7 AD2d 591, 595 .)

    Cited 3 timesPublished
  • Frank v. Board of Education of Union Free School District No. 11

    71 Misc. 2d 318 · New York Supreme Court · May 8, 1972

    Their claim is that the school district is in violation of section 5 of article V on pages 5 and 6 of the agreement, which provides for the granting of 15 sabbatical leaves annually and the eligibility requirements to receive … In Matter of Messano v. Board of Educ. of Union Free School Dist.

    Cited 1 timesPublished

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