Case law

Griest v. Hooey

205 Misc. 396 · New York Supreme Court · Mar 5, 1954

Board of Stds. & Appeals, 253 N. Y. 594 ; Town of Greece v. Smith, 256 App. Div. 886 ; Matter of Riker v. Board of Stds. & Appeals, 225 App. Div. 570 ; and cf. Matter of Reed v. Board of Stds. & Appeals, 230 App. … Y. 701 ; Matter of Holy Sepulchre Cemetery v. Board of Appeals of Town of Greece, 271 App. Div. 33 , 40; Matter of Magde v. Crowley, 200 Misc. 109 ; Matter of Arlington v. Board of Stds. & Appeals, 204 Misc. 395 .)

Mahopac Isle, Inc. v. Agar

39 Misc. 2d 1 · New York Supreme Court · Apr 26, 1963

Ottaviano, Inc., v. Zerello, 33 Misc 2d 263, 266 .) … Matter of Gruner v. Haefeli, 12 A D 2d 838 [3d Dept.]; Lunmor Homes v. Johnson, 122 N. Y. S. 2d 149 [Supreme Ct., Westchester County]).

Fenson v. State Liquor Authority

152 Misc. 446 · New York Supreme Court · Jul 27, 1934

(Matter of Silberglied v. Mulrooney, 150 Misc. 251 , and cases cited.) … The court should not, and cannot, interfere with the judgment of either board in so exercising the discretion lodged with them. (People ex rel. Reuther v. Sisson, 101 Misc. 429 .)

People v. Jardin

154 Misc. 2d 172 · New York Supreme Court · Apr 16, 1992

(See, People v Sanders, 56 NY2d 51, 64 [1982]; see also, People v Brown, 70 NY2d 513, 518-519 [1987]; People v Caviness, 38 NY2d 227, 231 [1975].) … (See, People v Brown, 179 AD2d 485 [1st Dept 1992]; People v Luke, 136 Misc 2d 733, 734-739 [Sup Ct, Bronx County 1987], affd 147 AD2d 990 [1st Dept 1989]; People v Watson, 100 AD2d 452, 463-469 [2d Dept 1984].)

Lloyds v. United Press International, Inc.

63 Misc. 2d 421 · New York Supreme Court · Apr 13, 1970

Brown sought a further report from Mr. … Brown, Mr. Haughton and Mr. Lloyds. Mr.

Peckham Industries, Inc. v. Ross

61 Misc. 2d 616 · New York Supreme Court · Jan 12, 1970

Yacht Club v. Board of Appeals, 32 Misc 2d 677 ). The first condition requires that petitioner improve an existing road known as Burdick Ro.ad running from the quarry site to Route 311. … While the planning board is authorized by the Zoning Ordinance to regulate the location, height and bulk of buildings, there is no provision for compelling buildings to be constructed (see Betty-June School v.

Drucker v. Frisina

31 Misc. 2d 469 · New York Supreme Court · Sep 7, 1961

The village contends that petitioner must exhaust his administrative remedies by appeal to the Board of Appeals, because under article XIV (§ III [b]) the board has authority “ where an appeal is taken for a variance to permit … (Food Corp. v. Zoning Bd. of Adjustment, 384 Pa. 288, 290-291 ; italics in original.) Fryer v.

Stella v. O'Rourke

58 Misc. 2d 1041 · New York Supreme Court · Dec 16, 1968

This was based .on subdivision 5 of section 330 of the Election Law and on the authority of Matter of Rice v. … In Matter of Rice v.

AMT CADC Venture, LLC v. 455 CPW, L.L.C.

45 Misc. 3d 176 · New York Supreme Court · Oct 18, 2013

(See Bankers Trust Co. v Board of Mgrs. of Park 900 Condominium, 81 NY2d 1033, 1035 [1993]; Cadlerock Joint Venture v Board of Mgrs. of Parkchester S. Condominium, 289 AD2d 1 [1st Dept 2001].) A. … (Pekelnaya v Allyn, 25 AD3d 111, 118 [1st Dept 2005].) Board of Mgrs. of Parkchester N.

Baer v. Nyquist

71 Misc. 2d 471 · New York Supreme Court · May 25, 1972

(Matter of Becker v. Board of Educ., 9 N Y 2d 111, supra; see Matter of Monan v. Board of Educ., 280 App. Div. 14 ; cf. Matter of Agresti v. Buscemi, 34 A D 2d 983.) … Matter of Jadick v. Board of Educ., 15 NY 2d 652 .) Submit judgment.

Barnette v. Potenza

79 Misc. 2d 51 · New York Supreme Court · Aug 8, 1974

Defendant who is a board-certified orthopedist and specializes in hand *53 surgery testified that when he saw the plaintiff the value of the hand had been reduced by some .40%. … Brown, 81 Wash. 2d 465 ) where it was held that what the doctor must disclose should be a jury question and not one calling for medical expertise.

People v. Sacchitella

73 Misc. 2d 678 · New York Supreme Court · Jan 9, 1973

(Brady v. Maryland, 373 U. S. 83 ; People v. Savvides, 1 N Y 2d 554; Miller v. Pate, 386 U. S. 1 ; Barbee v. Warden, Maryland Penetentiary, 331 F. 2d 842 .) … (People v. Matera, 52 Misc 2d 674 ; People v. Whitmore, 45 Misc 2d 506 ; Barbee v. Warden, Maryland Penitentiary, supra; Ellis v. United States, 345 F. 2d 961 ; United States ex rel. Meers v.

Durant v. Supervisors of Albany

26 Wend. 66 · New York Supreme Court · Jul 1, 1841

The cases of Brinckerhoff v. Brown, Williams v. Brown, and McDermott v. Strong, were all cases of proper equitable jurisdiction, and were so decided. … The bill would, be dismissed, and that upon grounds laid down by that learned Chancellor, himself, both in *102 Brinckerhoff v. Brown, and McDermott v. Strong.

Liguori v. Beloten

26 Misc. 3d 593 · New York Supreme Court · Oct 29, 2009

Matter of Featherstone v Franco, 95 NY2d 550, 554 (2000), quoting CPLR 7803 (3). . Matter of Pell v Board of Educ. of Union Free School Dist. … Corp. v McBarnette, 84 NY2d 194, 204 (1994). . Board of Regents of State Colleges v Roth, 408 US 564, 573 (1972); see e.g.

Markovich v. Feriola

41 Misc. 2d 1051 · New York Supreme Court · Nov 19, 1963

the discretionary acts of the hundreds of town boards and town zoning boards in this State ” (Matter of Lemir Realty Corp. v. … Matter of Crossroads Recreation v. Broz, 4 N Y 2d 39; Matter of Stillman v. Board of Stds. & Appeals of City of N. Y., 247 N. Y. 599 , affg. 222 App. Div. 19 ; Matter of Joyce v. Dobson, 255 App. Div. 348 ).

Elwood Investors Co. v. Behme

79 Misc. 2d 910 · New York Supreme Court · Sep 30, 1974

Schechter, 1 N Y 2d 604; Matter of Board of Educ. of Union Free School Dist. No. 6 v. Board of Co-op. Educ. Servs., 41 Misc 2d 699 ; Matter of Myricks v. Kennedy, 6 Misc 2d 854 ; cf. Matter of Village of Island Park v. … Since the board’s decision was not a nullity, petitioner has shown no clear legal right to the relief requested (Toscano v. McGoldrick, 300 N. Y. 156 ; Matter of Buffalo Red-I-Mix Concrete Corp. v. Foell, 1 A D 2d 762).

Garden City Jewish Center v. Incorporated Village of Garden City

2 Misc. 2d 1009 · New York Supreme Court · Jul 23, 1956

This analysis of the respective roles of the board of appeals and the board of trustees is supported by the decisions in Matter of Community Synagogue v. Bates (1 N Y 2d 445, supra) and Matter of Diocese of Rochester v. … In Matter of Diocese of Rochester v.

Randall v. Hoff

4 Misc. 2d 376 · New York Supreme Court · Jan 11, 1957

cite Todd v. … Board of Educ. ( 272 App. Div. 618 , affd. 297 N. Y. 873 ).

Russell v. Burton

66 Barb. 539 · New York Supreme Court · Oct 1, 1867

(Ball v. Loomis, 29 N. Y. 412 . Merrill v. Grinnell, 30 id. 594. Woodruff v. McGrath, 32 id. 255. Davis v. Allen, 3 id. 168. Westerlo v. De Witt, 36 id. 340. Brown v. Brown, 34 Barb. 533 -537. Dunning v. … Brown, J., says, in Mills v.

Fleischmann v. Graves

118 Misc. 214 · New York Supreme Court · Mar 15, 1922

Kiehm v. Board of Education, 198 App. Div. 476 ; Freeman v. Brooks, 29 Misc. Rep. 719 . … Rodgers v. Coler, supra; People ex rel. Allison v. Board of Education, supra; People ex rel. McIntyre v. Coler, 35 Misc. Rep. 454 .