Case law

Connelly v. City of Elmira

144 Misc. 282 · New York Supreme Court · May 14, 1932

(Matter of Dovel Co. v. Village of Lynbrook, 213 App. Div. 570 ; Knowles v. City of New York, 176 N. Y. 430, 438 ; Browne v. Walker, 131 Misc. 736 .) … If the board was entitled to use its judgment, how can fraud or the like be so inferred in the absence of the allegation of any facts indicating collusion or improper motives? In Cook v.

Melo v. Jewish Board of Family & Children's Services, Inc.

183 Misc. 2d 776 · New York Supreme Court · Dec 13, 1999

(See, Matter of Blanchard v Integrated Food Sys., 220 AD2d 895 ; Acevedo v Consolidated Edison Co., 189 AD2d 497 .) … The Appellate Division, Third Department, remitted the matter to the Board for clarification as to whether the Board in fact weighed the available evidence and properly determined that the statutory presumption in favor of

Holmes v. County of Erie

178 Misc. 46 · New York Supreme Court · Feb 9, 1942

(Lorillard v. Town of Monroe, 11 N. Y. 392 ; Brown v. People, 75 id. 441, 442 .) The duty of punishing criminals is inherent in the sovereign power. … In the case of Bloom v. Jewish Board of Guardians ( 286 N. Y. 349 ) the plaintiff was committed by a court to the defendant, an incorporated institution.

Board of Supervisors of the County of Schuyler v. Bank of Havana

12 N.Y. Sup. Ct. 649 · New York Supreme Court · Nov 15, 1875

Board of Education of Union Free School District No. 2 v. Hickcox

31 N.Y. Sup. Ct. 237 · New York Supreme Court · Feb 15, 1881

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

1 Misc. 2d 925 · New York Supreme Court · Mar 15, 1956

The claimant contends that, under the circumstances, the board has waived the requirement of the statute as to manner of service of the notice of claim and cites particularly Teresta v. City of New York ( 304 N. … Y. 440 ) and Boettner v. Village of Mamaroneck (123 N. Y. S. 2d 849).

People ex rel. Wechsler v. Board of Assessors of City of Brooklyn

32 N.Y.S. 344 · New York Supreme Court · Feb 11, 1895

Proceedings were instituted in all the above-entitled actions to review the action of the board of assessors of the city of Brooklyn in the assessment of the property of the relators located in that city. … People v. Badgley, 138 N. Y. 314 , 33 N. E. 1076 . The best exposition of the scope and design of the statute under consideration which has been given by the courts was rendered by Judge Andrews in the case of People v.

Brass v. Worth

40 Barb. 648 · New York Supreme Court · Sep 14, 1863

In Wheeler v. Newbould, ( 16 N. Y. Rep. 392 ,) the property pledged as security for the payment of the debt was fourteen promissory notes not due at the time they were pledged. … Brown, Scrugham and Lott, Justices.]

Powell v. Jenkins

35 N.Y.S. 265 · New York Supreme Court · Jul 15, 1895

Cook v. Travis, 20 N. Y. 400 ; Brown v. Volkening, 64 N. Y. 76 ; Pope v. Allen, 90 N. Y. 298 ; Holland v. Brown, 140 N. Y. 344 , 35 N. E. 577 . The principle, as applicable to this case, is well illustrated by Pope v. … Torrey v. Bank, 9 Paige, 649 ; Van Epps v. Van Epps, Id. 237; Bank v. Torrey, 7 Hill, 260 ; Fulton v. Whitney, 66 N. Y. 548 -555; Bennett v. Austin, 81 N. Y. 308 -322.

Middleton v. Board of Education of the South Jefferson Central School District

109 Misc. 2d 1015 · New York Supreme Court · Jul 16, 1981

In support of this contention, the respondent cites Matter of Skliar v Board of Educ. ( 45 AD2d 1012 ), and Kirkland v Board of Educ. ( 49 AD2d 693 ). … (See Matter of Lezette v Board of Educ., 35 NY3d 272 ; Matter of Spinney Hill Collision v Caso, 56 AD2d 655 ; Matter of McNamara v Board of Educ., 54 AD2d 467 .)

Bergansky v. State of New York Liquor Authority

68 Misc. 2d 251 · New York Supreme Court · Nov 24, 1971

(Matter of Brown v. Murphy, 34 Misc 2d 151 , citing cases.) … Board of Bar Examiners, 353 U. S. 232 ; Goldsmith v. Board of Tax Appeals, 270 U. S. 117 .) Matter of Vassallo v. State Liq. Auth. (21 A D 2d 880), relied on by respondent, is distinguishable.

People ex rel. Strough v. Board of County Canvassers

84 N.Y. Sup. Ct. 372 · New York Supreme Court · Apr 15, 1894

Y. 493 ; McKenna v. Edmundstone, 91 id. 231; People v. Quigg, 59 id. 83, 88.) … Stiner v. Morrison, 78 N. Y. 84, 89 ; Smith v. The People, 47 id. 330, 339; Whipple v. Christian, 80 id. 523, 526; Van Vranken v. City of Schenectady, 31 Hun, 516 , 518.)

Jardim v. New York State Public Employment Relations Board

177 Misc. 2d 528 · New York Supreme Court · Jul 2, 1998

In this CPLR article 78 proceeding, petitioner Leroy Jardim seeks a judgment annulling the January 30, 1998 decision of respondent New York State Public Employment Relations *529 Board’s (PERB) Administrative Law Judge (ALJ … agency must exhaust available administrative remedies before being permitted to litigate in a court of law (e.g., Young Men’s Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 375).

Travers v. Kelly

12 Misc. 3d 887 · New York Supreme Court · Apr 5, 2006

However, “[n]either the Medical Board nor the Board of Trustees [are] required to identify the actual cause of the heart *891 condition at issue.” (Matter of Stegmuller v Brown, 216 AD2d 23, 23 [1st Dept 1995].) … The operative facts were known to the Medical Board on both occasions. Although the Medical Board’s own conclusion is considered expert opinion (cf Matter of Meyer v Board of Trustees of N.Y.

People ex rel. Whittemore v. Seabury

23 How. Pr. 121 · New York Supreme Court · Feb 15, 1862

By the court, Brown, Justice. The relator, Clark F. Whittemore, was the clerk of the city court of Brooklyn, and prosecutes this writ of mandamus against the defendant, who is the treasurer of the county of Kings. … The defendant refused to pay the relator his salary as fixed by the board of supervisors of the county. It is not disputed that the services of the relator have been rendered, and the salary earned.

Visconti v. Paino

137 Misc. 2d 1 · New York Supreme Court · Oct 2, 1987

By letter dated September 11, 1987, the Board of Elections notified petitioner that it would not sustain the objections on the grounds that the certificate of nominations was valid on its face and that the Board had no authority … 1 AD2d 954 ; Matter of Tenneriello v Board of Elections, 125 Misc 2d 190 , revd on other grounds 104 AD2d 467 ; compare, Matter of Tamney v Atkins, 151 App Div 309 , revd on other grounds 209 NY 202 ).

Porretta v. Costantino

133 Misc. 2d 436 · New York Supreme Court · Oct 3, 1986

Valdemarsen] v Genesee Hosp., 50 NY2d 113 ; see also, Manhattan Co. v Commissioner, 297 US 129, 134 ; Miller v United States, 294 US 435, 440 ; Whitemarsh v Farnell, 273 App Div 584 , revd on other grounds 298 NY 336 ). … (Brown v University of State of N. Y., 242 App Div 85 , affd 266 NY 598 ; see generally, 2 NY Jur 2d, Administrative Law, § 102.)

Gillespie & Co. of New York, Inc. v. Continental Insurance

14 Misc. 2d 110 · New York Supreme Court · Jun 10, 1958

. *112 The shipments consisted of 1,220 cases of shelled walnuts in wooden cases which were lined with brown paper and wax paper. Then the cases were nailed and marked. … President Buchanan, 236 F. 2d 627 ; American Tobacco Co. v. The Katingo Hadjipatera, 81 F. Supp. 438 , mod. on other grounds 194 F. 2d 449 , cert, denied 343 U.

New York State Association of Community Action Agency Board Members v. Shaffer

125 Misc. 2d 613 · New York Supreme Court · Oct 1, 1984

The petitioners are an unincorporated association and a not-for-profit organization made up of members of the board of directors of organizations, each of which qualifies as an entity eligible for CSBG program funds.

Bachrach v. 1001 Tenants Corp.

41 Misc. 2d 512 · New York Supreme Court · Dec 27, 1963

He is a member of three clubs, on the board of governors of a college and is a former vice-president of the National Board of Girl Scouts. … In late May, the board of directors not yet having acted, plaintiff Alfred Bachrach sought to meet with the board, but was refused an appointment. In July, the board finally met and the matter was discussed.