Case law

Browning School v. New York City Conciliation & Appeals Board

122 Misc. 2d 124 · New York Supreme Court · Oct 11, 1983

FACTS AND PROCEDURAL HISTORY Petitioner, the Browning School, in this CPLR article 78 proceeding seeks to vacate the determination of respondent, the New York City Conciliation and Appeals Board (CAB), dated June 3, 1982 … Moreover, a careful factual analysis of the Museum of Modern Art v Kirk (supra), wherein petitioner Museum of Modern Art immediately refused to tender a renewal lease, as distinguished from petitioner Browning School herein

People ex rel. Prospect Park & Coney Island Railroad v. Board of Assessors

4 N.Y.S. 85 · New York Supreme Court · Feb 11, 1889

People ex rel. American Road Machine Co. v. Town Board of Auditors

80 N.Y. Sup. Ct. 615 · New York Supreme Court · Nov 15, 1893

Hardwicke v. Board of Education of Union Free School District No. 8

46 N.Y. Sup. Ct. 652 · New York Supreme Court · Jan 15, 1886

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

65 Misc. 2d 11 · New York Supreme Court · Nov 30, 1970

The petitioner alleges that two previous actions of the Board of Education were in violation of the statutes, and further, the petitioner did not receive ample notice to prepare for a hearing ordered by the Board of Education … The issue here is whether the Board of Education should be restrained from conducting a hearing because of their previously illegal action.

San Remo Copper Mining Co. v. Moneuse

132 N.Y.S. 570 · New York Supreme Court · Aug 22, 1911

Ed. 254 ; Guernsey v. Cook, 120 Mass. 501 ). Such also is the law of this state. Bliss v. Matteson, 45 N. Y. 22 ; Barnes v. Brown, 80 N. Y. 528 , 535; Kountze v. Flanagan, 19 N. Y. … Hollis v. Drew, 95 N. Y. 166, 175 ; Bard v. Poole, 12 N. Y. 495 ; Vanderpoel v. Gorman, 140 N. Y. 563 , 35 N. E. 932 , 24 L. R A. 548, 37 Am. St. Rep. 601 ; Milnor v. Railroad Co., 53 N. Y. 363 , 367.

People v. Evans

147 Misc. 2d 811 · New York Supreme Court · Apr 20, 1990

He found a brown paper bag inside the gym bag. Once again, the sergeant went through the routine, asking whether the brown bag was hers. … Justice Felice Shea rejected an argument of voluntary consent in a case involving the Amtrack police at Penn Station in People v Brown (ind No. 13021/89).

Consolidated Edison Co. of New York, Inc. v. State Board of Equalization & Assessment

98 Misc. 2d 491 · New York Supreme Court · Feb 28, 1979

We are dealing here with a State equalization rate which is "objectively arrived at” and which "today is expertly arrived at” (Guth Realty v Gingold, 34 NY2d 440, 450 , supra; see, also, 860 Executive *498 Towers v Board … Corp. v New York, 303 US 573 ; Southern Ry. Co. v Watts, 260 US 519 ).

Kirton v. Dickerson

34 Misc. 3d 595 · New York Supreme Court · Dec 7, 2011

That day, the School Board, consisting of only Wornum, Campbell, Brown and Lanzilotta, appointed Rod Bailey to fill one of the seats which had been declared vacant. … (Shovak v Long Is.

American Society for the Prevention of Cruelty to Animals v. Board of Trustees

147 Misc. 2d 847 · New York Supreme Court · May 9, 1990

As this court found in Matter of American Socy. for Prevention of Cruelty to Animals v Board of Trustees of State Univ. ( 143 Misc 2d 522, 525 , supra) "Although initially compelling, the argument by respondent that public … This relief lies within the sound discretion of the court (Matter of McAndrew v Board of Educ., 120 AD2d 591 [1986]).

Dutchess Resource Recovery Agency v. Town Board of Washington

145 Misc. 2d 933 · New York Supreme Court · Nov 24, 1989

(Matter of City of New York v City Civ. Serv. Commn., 60 NY2d 436, 442-443 ; see, Matter of Dairylea Coop, v Walkley, 38 NY2d 6 .) … Board of Zoning & Appeals, 69 NY2d 406, 413 ).

William S. Van Clief & Sons, Inc. v. City of New York

141 Misc. 216 · New York Supreme Court · Jul 30, 1931

(See Board of Education v. Massachusetts Bonding & Insurance Co., 252 Penn. St. 505.) … Northern Ohio Granite & Stone Co. ( 100 Ohio St. 373 ); Hipwell v. National Surety Co. ( 130 Ia. 656 ); Brown v. Mark land ( 22 Ind. App. 652 ); National Surety Co. v.

Tompkins v. Tompkins

28 N.Y.S. 903 · New York Supreme Court · May 14, 1894

BROWN, P. J. The complaint in this action set forth as a cause of action a loan of a sum of money by the plaintiff to the defendants, and nonpayment thereof after demand. … Milbank v. Jones, 141 N. Y. 340 , 36 N. E. 388 , and cases cited; Roemer v. Striker, 142 N. Y. 134 , 36 N. E. 808 .

American Copper Co. v. Lowther

25 Misc. 441 · New York Supreme Court · Dec 15, 1898

Fellows v. Prentiss, 3 Den. 512, 521 ; Wright v. Johnson, 8 Wend. 512 ; Dobbin v. Bradley, 17 id. 422; Birckhead v. Brown, 5 Hill, 634 ; Walrath v. Thompson, 6 id. 540; Pidcock v. Bishop, 3 B. & C. 605; Whitcher v. … Getty v. Binsse, 49 N. Y. 385 ; Risley *444 v. Brown, 67 id. 160; Wood v. Fisk, 63 id. 245; Davis v. Van Buren, 72 id. 587; Richter v. Poppenhausen, 42 id. 373; Pickersgill v. Lahens, 15 Wall. 140 .

People ex rel. New York Railways v. State Board of Tax Commissioners

101 Misc. 205 · New York Supreme Court · Sep 15, 1917

Co. v. *208 Woodbury, 203 N. Y. 231, 235, 236 . The relators, however, should not be allowed any return upon the theoretical depreciation fund, since the straight-line method of estimating depreciation is adopted.

Spooner v. Brooklyn City Rail Road

31 Barb. 419 · New York Supreme Court · May 14, 1860

By the Court, Brown, J. The case of Caldwell v. Murphy, ( 1 Duer, 233 ,) and that of Carroll v. … Lott, Emott and Brown, Justices.]

People v. McCurdy

11 Misc. 3d 757 · New York Supreme Court · Jan 12, 2006

People v Brown, 281 AD2d 700, 702 (2001); People v Mancini, 239 AD2d 436 (1997); People v Estenson, 101 AD2d 687 (1984). . 21 AD3d 337 (2005). . The court is bound by stare decisis rules to follow this decision. … See People v Turner, 5 NY3d 476 (2005); Duffy v Horton Mem. Hosp., 66 NY2d 473, 475 (1985); Mountain View Coach Lines v Storms, 102 AD2d 663, 664-665 (1984). . Mem from Anthony J.

People ex rel. Delaney v. Board of Fire Commissioners

97 N.Y. Sup. Ct. 515 · New York Supreme Court · Dec 15, 1895

Hiram Owen et al. v. Arthur D. Leary et al. (17 Wkly.Dig. 116); approved in Mingay et al. v. Hanson et al. ( 102 N. Y. 695 ), as to the water commissioners of said village, applies. … Here, as in that case, a new department was made by the act of 1887, creating a board of fire commissioners. Such board controls the property belonging to the fire department and the expenditure of funds thereof.

O'Connor v. Emerson

113 Misc. 472 · New York Supreme Court · Nov 15, 1920

Brown, J. … Calahan v. Board, 174. N. Y. 169; People ex rel. Murphy v. Maxwell, 177 id. 494. If such period was two years, the respondents had the legal right to discontinue her services without a hearing.

Sechrest v. Board of Education of Union Free School District No. 21

7 Misc. 2d 297 · New York Supreme Court · May 17, 1957

The board of education did not pass any resolution employing the petitioner on a permanent tenure. … On October 2 the district superintendent wrote a letter to the board of education in which he advised the board that he was not submitting the petitioner’s name for permanent tenure at the expiration of his probationary period