Case law

Sakraf Properties, Inc. v. Eimicke

139 Misc. 2d 519 · New York Supreme Court · Mar 22, 1988

(See, Matter of Metz v Division of Hous. & Community Renewal, 113 AD2d 758 [1985].) … (Matter of Howard v Wyman, 28 NY2d 434 .)

Steenrod v. Board of Engineers of the Fire Department

87 Misc. 2d 977 · New York Supreme Court · Aug 18, 1976

relative to its business, except as may be authorized by the Board of Engineers. … Board of Educ., 391 US 563 ).

Benvenga v. La Guardia

182 Misc. 507 · New York Supreme Court · May 3, 1944

(Freeney v. Brown, 182 Ga. 818 ; Petition of Breidenbach, 214 Wis. 54 .) The respondents advance the case of Matter of Abrams v. LaGuardia ( 287 N. … (Finn v. City of New York, 282 N. Y. 153 .)

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.

Rochester Club v. New York State Labor Relations Board

73 Misc. 2d 589 · New York Supreme Court · Apr 10, 1973

This order of the board is analogous to the order of the -State Bent Administrator in Matter of Fiesta Realty Corp. v. McGoldrick ( 308 N. … Union, Local 32E, AFL-CIO, 33 SLRB 45; Matter of Barer v. Factory & Bldg. Employees Union, 33 SLRB 292; Matter of Cooper v. Service Employees Int. Union Local 32B, AFL-CIO, 33 SLRB 493; Matter of Greenfield v.

Korniczky v. Sunderland

175 Misc. 2d 912 · New York Supreme Court · Feb 18, 1998

By *921 virtue of both Election Law §§ 15-138 and 16-100 5 (see, Matter of Brown v Ulster County Bd. of Elections, 48 NY2d 614 [1979]), this court may grant “[a] candidate’s request to give enrolled voters of [a] [political … Under all of the circumstances presented, the court therefore grants Guidry’s application that a new nominating caucus be ordered (see, Matter of Brown v Ulster County Bd. of Elections, supra; see also, Matter of Winn v Washington

Board of Education, Central School District No. 1 v. Byram Hills Teachers' Ass'n

74 Misc. 2d 621 · New York Supreme Court · May 10, 1973

Where the item subject to arbitration is contrary to public policy or violates a statute an award thereunder must be vacated (Matter of Associated Teachers of Huntington v. Board of Educ. Union Free School Dist. … Board of Educ., Union Free School Dist.

Glauber v. Patof

183 Misc. 400 · New York Supreme Court · Apr 6, 1944

(Harmon v. Matthews, 27 N. Y. S. 2d 656; Blek v. Kirkman, 148 Misc 522 ; Bricklayers’, P. & S. Union v. Bowen, 183 N. Y. S. 855, affd. without opinion 198 App. Div. 967 ; Bartone v. Di Pietro, 18 N. Y. … Solomon v. Brotherhood of Painters ( 218 N. Y. 115 ) to give that decision any significance. In Browne v. Hibbets ( 290 N.

Civil Service Employees Ass'n v. State of New York Public Employment Relations Board

14 Misc. 3d 199 · New York Supreme Court · Sep 22, 2006

Works v Public Serv. … The Board is thus, “presumed to have developed an expertise and judgment that requires us to accept its construction if not unreasonable” (Matter of Lippman v Public Empl.

Small v. Lorillard Tobacco Co.

176 Misc. 2d 413 · New York Supreme Court · Oct 28, 1997

(Matter of Cowles v Board of Regents, 266 App Div 629, 633 [3d Dept 1943].) … CL 95-14466 AH, appeal noticed Oct. 16, 1996); Smith v Brown & Williamson Tobacco Corp. ( 1996 WL 751399 [WD Mo, Dec. 19, 1996, Smith, J.]); Perez v Brown & Williamson Tobacco Corp. (SD Tex, Mar. 7, 1997, civ No.

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 ).

Inter-County Blood Banks, Inc. v. New York State Labor Relations Board

56 Misc. 2d 1069 · New York Supreme Court · Jun 12, 1968

or damage (Myers v. … S. 41 , 51; Matter of Allen v. Kelley, 191 Misc. 762 , affd. 273 App. Div. 963 ). That the review ultimately obtainable by plaintiff may not be immediately available does not render it inadequate.

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 .

River Drive Construction Corp. v. Board of Standards & Appeals

30 Misc. 2d 139 · New York Supreme Court · May 31, 1961

Corp. v. Murdock, N. Y. L. J., June 11, 1946, p. 2314, col. 2 [Hammer, J.]; Matter of Seinfeld v. Murdock, 2 Misc 2d 525 [Arkwright, J.].) In Matter of Aisloff v. Murdock (81 N. Y. S. 2d 872), Mr. … (See Matter of Reed v. Board of Stds. and Appeals, 255 N. Y. 126, 135, 136 ; Matter of Magde v. Crowley, 200 Misc. 109, 111 .) Additional reasons are present to confirm the judgment of . the court.

30 CPS, LLC v. Board of Managers of Central Park South Medical Condominium

23 Misc. 3d 1024 · New York Supreme Court · Mar 2, 2009

Odell v 704 Broadway Condominium, 284 AD2d 52 [1st Dept 2001] [condominium president had apparent authority to bind board to alteration approval].) … (See Clark-Fitzpatrick, Inc. v Long Is. R.R.

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.

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

Community School Board District 18 Kings County v. Scribner

71 Misc. 2d 549 · New York Supreme Court · Oct 10, 1972

by the Commissioner of Education (Matter of Community School Bd. 3 v. … Board of Educ., 68 Misc 2d 66 ). Review of any purely arbitrary action of the Commissioner of Education is then open to *552 the petitioner (Matter of Board of Educ. v.

Wappingers Central School District v. New York State Public Employment Relations Board

77 Misc. 2d 472 · New York Supreme Court · Mar 19, 1974

to consider it, the Board can make no finding on that question.’ ” The Allen court cited and quoted Myers v. … of Board of Supervisors of County of Jefferson v.

Board of Education v. State Division of Human Rights

65 Misc. 2d 679 · New York Supreme Court · Feb 25, 1971

These grievances were processed through Stage 3-Board of Education hearing. … Corp. of Seventh Day Adventists v. Commission on Human Rights of City of N. Y. (27 N Y 2d 898).