Case law

Marone v. Nassau County

39 Misc. 3d 1034 · New York Supreme Court · Mar 24, 2013

It is “special damage, different in kind and degree from the community generally” (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. … Board of Trustees of Vil. of Croton-on-Hudson, 21 AD2d 693 [2d Dept 1964]; Matter of Andresen v Rice, 277 NY 271 [1938]).

Warnock & Zahrndt, Inc. v. Wray

132 Misc. 882 · New York Supreme Court · May 14, 1928

(Gage v. City of New York, 110 App. Div. 403, 410 .) … (McCord v. Lauterbach, 91 App. Div. 315 ; Boyle v. Grant, 12 N. Y. Supp. 801 .) The interests of the city are the paramount consideration and the personnel of the bidders should be entirely subordinated thereto.

People v. Ramos

146 Misc. 2d 168 · New York Supreme Court · Jan 5, 1990

(United States v Agurs, supra, 427 US, at 106 ; People v Brown, 67 NY2d 555, 559 [1986], cert denied 479 US 1093 [1987]; People v Cwikla, supra, 46 NY2d, at 441 .) … In People v *172 Brown (supra) the Court of Appeals repeated the Agurs test as it had been adopted in People v Cwikla (supra), in an opinion written after Bagley (supra), although the court omitted any reference to Bagley

Allen v. Lavine

82 Misc. 2d 680 · New York Supreme Court · Mar 31, 1975

Conway, J.) in two separate proceedings (Brown v Lavine, 78 Misc 2d 821 , Vroman v *682 Fahey, 78 Misc 2d 1081 ) and in a single proceeding before A. Franklin Mahoney, J. … He noted in Brown v Lavine that section 352.2 (d) of title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York provides that a special allowance and grant may be made to duplicate a grant

Orth-O-Vision, Inc. v. City of New York

101 Misc. 2d 987 · New York Supreme Court · Mar 19, 1979

(Bush v Coler, 60 App Div 56, 60 , affd 170 NY 587 ; Campbell v City of New York, 244 NY 317 .) … (Orth-O-Vision v City of New York; Blanshard v City of New York, 262 NY 5, 10-11 , supra.)

People v. Osbourne

28 Misc. 3d 935 · New York Supreme Court · Jun 18, 2010

(People v Catu, 4 NY3d 242, 245 [2005].) … (People v Sparber, 10 NY3d 457, 472 [2008].)

Smith v. Helbraun

38 Misc. 2d 136 · New York Supreme Court · Feb 13, 1963

Underhill v. Skinner ( 74 App. … with the board (cf.

Razukas v. New York State Department of Correction

186 Misc. 429 · New York Supreme Court · Oct 20, 1945

Page v. Brophy, 248 App. Div. 309 , appeal dismissed 277 N. Y. 673 .) … So long as the Parole Board violates no positive statutory duty its discretion is absolute and beyond review in the courts. (Matter of Hines v. State Board of Parole, 293 N. Y. 254 .)

Clements v. Chiavaroli

73 Misc. 2d 806 · New York Supreme Court · Apr 6, 1973

Due to administrative delays or difficulties resulting from the moving of the office of the Board of Elections, these lists were not available to petitioners until March 21,1973.

Garcia v. Department of Education

18 Misc. 3d 503 · New York Supreme Court · Nov 15, 2007

(Matter of Brown & Williamson Tobacco Corp. v Chesley, 7 AD3d 368 [1st Dept 2004].) … (Matter of Hegarty v Board of Educ. of City of N.Y., 5 AD3d 771 [2d Dept 2004].)

People ex rel. Mount Magdalen School of Industry v. Dickson

10 N.Y.S. 604 · New York Supreme Court · Jul 7, 1890

We think, then, that, as between the relator and the board of supervisors, the custody of these children was such that the board might allow it as acounty charge. Osterhoudt v. Rigney, 98 N. Y. 232 . … People v. Baker, 89 N. Y. 466 .

First New York Bank for Business v. 155 E. 34 Realty Co.

158 Misc. 2d 658 · New York Supreme Court · Aug 26, 1993

This argument was accepted in the case of Board of Mgrs. v Chelsea Realty Assocs. (NYLJ, Aug. 5, 1992, at 22, col 5 [Sup Ct, NY County]). … N. v Grassi, 51 AD2d 502 [4th Dept 1976]; Meltzer v Grazi, 10 AD2d 869 [2d Dept 1960]). *662 Clearly, under the Bankers Trust decision (supra), if FNY had not applied for the appointment of a receiver, any lien of the Board

Clearo v. Cook

11 Misc. 2d 916 · New York Supreme Court · Jun 4, 1958

(Beal Property Law, § 240, subd. 3; Miner v. Brown, 133 N. … Div. 139 ); Petchanuk v. Mohlsick (123 N. Y. S. 2d 382) and Bambauer v. Schleider ( 176 App.

W. J. Gaskell, Inc. v. Maslanka

33 Misc. 2d 88 · New York Supreme Court · Jan 19, 1962

of Kaelber v. … Co. v. Lyon, 257 N. Y. 206 ; Matter of Cestone Bros. v. Solowinski, 276 App. Div. 970 ; 10 McQuillin on Municipal Corporations [3d ed.], § 29.73; Picone v. City of New York, 176 Misc. 967 ; Matter of Kniska v.

Smith v. City of Rochester

19 N.Y.S. 459 · New York Supreme Court · Jun 23, 1892

That this provision of the charter is constitutional, since the recent decision of the court of appeals in the case of McNally v. City of Cohoes, 127 N. Y. 350 , 27 N. E. … Rep. 1043, following, in principle, the case of Todd v. City of Troy, 61 N. Y. 309 , admits of no doubt.

Torres v. Hammock

105 Misc. 2d 1073 · New York Supreme Court · Jun 7, 1980

At the time this motion was argued, petitioner relied upon Matter of Russo v New York State Bd. of Parole ( 98 Misc 2d 251 , affd 69 AD2d 520 ). … The Court of Appeals in Matter of Russo v New York State Bd. of Parole ( 50 NY2d 69 , supra) reversed the Second Department and reinstated the determination of the Parole Board.

People ex rel. McAvoy v. Leo

109 Misc. 255 · New York Supreme Court · Nov 15, 1919

board by chapter 503 of the Laws of 1916 and the acts amendatory thereof, and also by virtue of section 20 of the Building Zone Besolution of the board of estimate and apportionment, reversed the decision of the superintendent … Bienert v. Miller, 188 App. Div. 113 . The writ is therefore dismissed, and the determination of the board of appeals affirmed, with costs. Ordered accordingly.

McGough v. Todd

51 Misc. 2d 255 · New York Supreme Court · Jun 16, 1966

Petitions for the office of City Judge and County Committeeman. *256 must be filed Avith the Comity Board of Elections. … Coneededly, the candidates never received such notification directly from the Board of Elections. Nevertheless, in this case no valid petition Avas ever filed with the Board of Elections.

People v. Santos

82 Misc. 2d 184 · New York Supreme Court · May 15, 1975

Parolees until the expiration of their sentences remain under the supervision of the Parole Board, subject to remand to prison if they violate their parole conditions (Correction Law, §§ 215, 216; Matter of Cummings v Regan … There was, however, no direct or *194 positive showing of hostility (Richardson, Evidence [10th ed], §§ 483, 503, 513; Potter v Browne, 197 NY 288 ; Schultz v Third Ave. R. R. Co., 89 NY 242, 250 ).

Gustin v. Joiner

95 Misc. 2d 277 · New York Supreme Court · Jul 13, 1978

The court has read the cases recited by respondents in support of this contention, namely (Matter of Bokhair v Board of Educ., 43 NY2d 855 ; Matter of Raffone v Pearsall, 39 AD2d 208 ; Duke & Benedict v Board of Educ., 81 … (Meliti v Board of Educ., 92 Misc 2d 473 , affd 64 AD2d 631 .)