Case law

Carnegie v. Ronan

67 Misc. 2d 301 · New York Supreme Court · Jul 28, 1971

Eonan, is Chairman of the Board constituting the New York City Transit Authority by virtue of his holding the office of Chairman of the Board of Metropolitan Transportation Authority. (Public Authorities Law, § 1201.) … (See Matter of Ronan v. Brown, 35 A D 2d 959.)

Crimmins v. Dennison

12 Misc. 3d 725 · New York Supreme Court · Mar 29, 2006

place” within the county], affd 132 AD2d 381 [1987], affd 72 NY2d 158 [1988]; Matter of Browne v New York State Bd. of Parole, 25 Misc 2d 1050 [Sup Ct, Queens County 1960] [review of Parole Board determination regarding … Co. v Board of Elections of City of N.Y., 98 AD2d 635, 636 [1st Dept 1983]).

Board of Education of Middle Country School District v. Cohalan

135 Misc. 2d 358 · New York Supreme Court · Apr 9, 1987

There is no dispute, either in prior case law or in the case at bar, that the education of students is a State function, and therefore is excluded from local legislation (Board of Educ. v Board of Educ., 23 AD2d 805 [1965 … (Matter of Reuss v Katz, 43 Misc 2d 921, 922 ; see also, Lanza v Wagner, 11 NY2d 317, 326 .) The cited cases concerned local ordinances which attempted to infringe upon the educational function of the State.

People v. Savage

24 N.Y. Crim. 477 · New York Supreme Court · Feb 15, 1910

Brown, J.: The defendant contends that by this indictment he is not apprised of the facts which may he proved, so as to enable him to prepare his defense; the precise criticism being of the allegations charging defendant … Suppose the defendant did state to the town board orally: “ Certain extra items in connection with the sewer have been-furnished, and I am entitled to $2,690.”

Shaw v. Bryant

19 N.Y.S. 618 · New York Supreme Court · Jun 29, 1892

Y. 181 ; Gas-Light Co. of Syracuse v. Rome, W. & O. R. Co., (Sup.) 5 N. Y. Supp. 459 ; Price v. Brown, 98 N. Y. 388 ; Freeman v. Grant, (Sup.) 8 N. Y. Supp. 912 ; Chapin v. Dobson, 78 N. Y. 74 . … We would be justified in refusing to consider the case at all on this record, and in sending it back for resettlement, as was done in Mead v. Shea, 26 Hun, 393 , and Smith v.

Board of Managers of New Holland Village Condominium v. Sarter

153 Misc. 2d 868 · New York Supreme Court · Apr 13, 1992

(Seaman-Andwall Corp. v Wright Mach. Corp., 31 AD2d 136 [1st Dept 1968], affd 29 NY2d 617 [1971]; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3213:3, at 501-502.) … Prods. v R.S.M. Electron Power, 37 NY2d 151, 154-155 [1975]; Siegel, NY Prac § 289 [2d ed].) It has been held that a chattel mortgage is not an instrument for payment of money only (All-O-Matic Mfg.

Briggs v. Briggs

181 Misc. 2d 197 · New York Supreme Court · Jun 18, 1999

act of entering the final judgment’ (Cornell v *199 Cornell, 7 NY2d 164, 170 ; see also, Brown v Brown, 208 AD2d 485 ; VanPelt v VanPelt, 172 AD2d 659 )” (Matter of Forgione, 237 AD2d 438 ). … The holding in Barnum (supra) was echoed later by our Court of Appeals in Gehr v Board of Educ. ( 304 NY 436, 440 ), when *200 it had occasion to consider the effect of the findings of a Referee who had been appointed to

McAtee v. Environmental Control Board of the Department of Environmental Protection

34 Misc. 3d 547 · New York Supreme Court · Sep 20, 2011

Petitioner Darin E McAtee moves pursuant to CPLR article 78 to annul a determination of the New York City Environmental Control Board (ECB) Motions and Appeals Unit, dated November 18, 2010, which upheld a prior ECB order … Brown, 80 NY2d 998, 1001 [1992]).

Edgerton v. New York & Harlem Rail Road

35 Barb. 193 · New York Supreme Court · Sep 9, 1860

Rep. 534, 543; Holbrook v. Utica and Schenectady R. R. Co., 2 Kern. 236.) [Orange General Term, September 9, 1860. … Lott, Emott and Brown, Justices.]

People v. Crean

115 Misc. 2d 996 · New York Supreme Court · Oct 5, 1982

to the police department civilian complaint review board in exchange for a campaign contribution obtained in New York County; defendant also relies on People v Brown, 69 Misc 2d 412 [Gates, J.], where Suffolk County was found … Fea, supra; Matter of Steingut v Gold, supra).

In re Funkhouser

157 Misc. 400 · New York Supreme Court · Dec 4, 1935

Brown v. Board of County Canvassers of Queens County, 216 N. Y. 732 ; People ex rel. Watkins v. Board of Canvassers of Oneida County, 25 Misc. 444 .) … Derby v. Rice ( 129 N. Y. 461 ) can with equal force be applied to the county board of canvassers. (See, also, People ex rel. Sherwood v. Board of Canvassers, 129 N. Y. 360 .)

Paliotto v. Town of Islip

31 Misc. 2d 447 · New York Supreme Court · Jan 8, 1962

A Town Board is a statutory body having only such powers as are expressly conferred upon it. (Brachfeld v. Sforza, 114 N. Y. S. 2d 722, 725; Callanan Rd. Improvement Co. v. … (Dun & Bradstreet v. City of New York, 276 N. Y. 198 ; Socony-Vacuum Oil Co. v. City of New York, 247 App. Div. 163 ; Ridgefield Oil Corp. v. City of Syracuse, 287 N. Y. 234 ; Brown v.

Wyman v. Pan American Airways, Inc.

181 Misc. 963 · New York Supreme Court · Jun 25, 1943

Plaintiffs’ testator, en route from San Francisco to Hongkong as a passenger on board the “ Hawaii Clipper ”, was lost in the disappearance without trace of that aircraft over the South Pacific Ocean on or about July 29, … There was no proof in this case of “ wilful misconduct ” on the part of defendants (Wass v. Stephens, 128 N. Y. 123 ; Brown v. Garey, 267 N.

Beaudouin v. Board of Trustees of the Police Pension Fund

78 Misc. 2d 258 · New York Supreme Court · May 6, 1974

plaintiffs already mandatorily *260 retired pursuant to the 63-year provision of section 434a — 21.0 so that they may complete 35 years of service so as to qualify for full pay or, in the alternative, that the defendant Board … Bank & Trust Co. of Utica v. Manikas, 10 Misc 2d 671 ).

People ex rel. Grant v. City Court

1 N.Y.S. 890 · New York Supreme Court · Jun 21, 1888

“Whereas, the justices of the city court have heretofore repeatedly made application to the board of aldermen, to the commissioners of the sinking fund, to the board of estimate and apportionment, and to the mayor of the … See, also, Bank v. Lamb, 57 Barb. 434 ; Dudley v. Mayhew, 3 N. Y. 9 .

Wantagh-Levittown Community Ambulance Corps., Inc. v. Board of Assessors

56 Misc. 2d 545 · New York Supreme Court · Apr 23, 1968

Since a residential apartment building (Webster Apts. v. City of New York, 118 Misc. 91 , affd. 206 App. Div. 749 ), a nonprofit rest home (People ex rel Alumnae Assn. v. Bizzardi, 273 App. … Div. 1024 ), facilities for servicemen (National Navy Club v. City of New York, 122 Misc. 89 ), and a tennis court (Y. W. C. A. v. City of Neiv York, 144 Misc. 120 , affd. 236 App.

People ex rel. Trustees of School-District No. 25 v. Board of Town Auditors

12 N.Y.S. 165 · New York Supreme Court · Dec 10, 1890

Central Hudson Gas & Electric Corp. v. Town Board of Esopus

24 Misc. 2d 526 · New York Supreme Court · May 5, 1960

(Northern Westchester Light Co. v. Village of Ossining, 154 App. Div. 789, affd. 214 N. Y. 635 ; Matter of Long Is. Light. Co. v. Incorporated Vil. of South Floral Park, 158 N. Y. S. 2d 878.) … (Matter of Consolidated Edison Co. v. Village of Briarcliff Manor, 208 Misc. 295 , 300.)

Sexton v. Pepper

35 N.Y. Sup. Ct. 31 · New York Supreme Court · Oct 15, 1882

(Mygatt v. Washburn, 15 N.Y., 316 ; Clark v. Norton, 49 id., 246 ; Westfall v. Preston, id., 352; S. C., 3 *32 Lans., 484 .) … (Fleetwood v. The City of New York, 2 Sandf., 479 ; Harmony v. Bingham, 2 Iver., 116; The New York and Harlem R. R. Co. v. Marsh, Id., 311; Sandford v. Mayor, 33 Barb., 151 ; Silliman v.

People ex rel. Clark v. Warden of Sing Sing Person

39 Misc. 113 · New York Supreme Court · Oct 15, 1902

-Gen. v. Peters, 43 Ohio St. 629 , 81 Ohio L. 72-76, § 5, quoted at p. 644; People ex rel. Bradley v. State Reformatory, 148 Ill. 413 ; George v. People, 167 id. 447 ; Miller v. State, 149 Ind. 607 ; Commonwealth v. … Brown, 167 Mass. 144 ; Murphy v. Commonwealth, 172 id. 264 ; Oliver v. Oliver, 169 id. 592. Application denied.