Case law

People ex rel. Madden v. Barr

143 Misc. 716 · New York Supreme Court · Apr 4, 1932

Newton v. Twombly, 228 N. Y. 33 ).” (People ex rel. Cecere v. Jennings, supra.) … (People v. Burns, supra.)

Corsall v. Gover

10 Misc. 2d 664 · New York Supreme Court · Mar 29, 1958

Hoefle v. Cahill ( 188 N. … He is an employee of the board. His employment is contractual. He is subject to such reasonable regulations as the board may adopt. (People ex rel. Patterson v. Board of Educ. of City of Syracuse, 269 App.

Jones v. Bradner

10 Barb. 193 · New York Supreme Court · Dec 15, 1850

In the case of Craven et al. v. Ryder, (6 Taunt. 433,) the plaintiffs had contracted to sell certain goods upon credit, which were to be placed on board a ship for Hamburg. … In Goodyear v. Ogden, ( 4 Hill, 104 ,) and Dawson v. Kittle, (Id. 107,) the rule was carried farther than it has been in this case.

McCarthy v. LaGuardia

172 Misc. 260 · New York Supreme Court · Oct 23, 1939

(Matter of Wingate v. McGoldrick, 279 N. Y. 246 ; Matter of Hetherington v. McGoldrick , Id. 687; Matter of Rosenthal v. McGoldrick , Id. 688.) … In Matter of Rushford v.

Rochester Transit Corp. v. Crowley

205 Misc. 933 · New York Supreme Court · Jun 18, 1954

(Matter of Young Women’s Hebrew Assn. v. Board of Standards & Appeals, 266 N. Y. 270 ; Matter of Thomas v. Board of Standards '& Appeals of City of N. Y., 290 N. Y. 109,115 ; Matter of Joyce v. Dobson, 255 App. … (Matter of Young Women’s Hebrew Assn. v. Board of Standards & Appeals, 266 N. Y. 270 , supra; Matter of Joyce v. Dobson, 255 App. Div. 348 , supra.) The determination of the board of appeals is affirmed.

Atkins v. Guest

158 Misc. 2d 426 · New York Supreme Court · Jul 19, 1993

Conduct, 174 AD2d 225 ; Doe v Office of Professional Med. … As the Appellate Division, First Department, noted in Matter of Levin v Guest (supra), since the Board is under an obligation to maintain the confidentiality of complaints it receives pursuant to Public Health Law § 230 (

Boyle v. Petrie Stores Corp.

136 Misc. 2d 380 · New York Supreme Court · Dec 19, 1985

of the board only, and not to the chairman of the board. … (See, Graves v Kaltenbach & Stevens, 205 App Div 110, 111 , affd 237 NY 546 ; Getty v Williams Silver Co., 221 NY 34, 39 ; Procter v Mount Vernon Arena, 265 App Div 701, 702 ; Hadden v Consolidated Edison Co., 45 NY2d 466

Pavlic v. Haley

40 Misc. 2d 975 · New York Supreme Court · Nov 30, 1963

They serve only to identify the voter and should be rejected (Matter of O'Shaughnessy v. Monroe County Bd. of Elections, 15 A D 2d 183; Matter of Smith v. Briggs, 286 N. Y. 714 ; Matter of Moritt v. Cohen, 279 N. … There is no presumption that a torn ballot was so torn by the voter (Matter of Devine v. Osmann, *978 164 Misc. 665 ; Matter of Harris v. Hulbert, 211 App. Div. 301 ; People ex rel. Colne v. Smith, 188 App. Div. 834 ).

Berger v. Quinn

149 Misc. 545 · New York Supreme Court · Nov 15, 1933

(Village of Saratoga Spgs. v. Saratoga G., etc., Co., 191 N. Y. 123 ; Insurance Co. of No. America v. Welch, 49 Okla. 620 ; 154 Pac 48 ; Interstate Commerce Commission v. Goodrich Transit Co., 224 U. S. 194 ; People v. … Y. 121 ; People v. Beakes Dairy Co., 222 id. 416; Wichita R. R. v. Public Utilities Commission, 260 U. S. 48 .)

Wheeler v. M'Farland

10 Wend. 318 · New York Supreme Court · May 15, 1833

In the case of Moore v. … Ingersoll v.

Achley's Case

4 Abb. Pr. 35 · New York Supreme Court · Dec 15, 1856

Chief Justice Marshall, in Marbury v. Madison ( 1 Cranch, 137 ), says: *38 “ When he (the President) has made an appointment, he has exercised his whole power, and his discretion has been completely applied to the case. … By reference to section 1 of the amended charter of 1850, it will be seen that the legislative power of the Corporation of the city of Mew-York is vested in the Board of Aldermen and Board of Assistants, now Board of Councilmen

Holtzman v. Power

64 Misc. 2d 221 · New York Supreme Court · May 20, 1970

The petitioner requests the court to declare void a recently enacted amendment to subdivision 7 of section 242-a of the Election Law, and to enjoin the Board of Elections of the City of New York from implementing it. … S. 2d 575, 577; see Matter of Bailey v. Power, 26 Misc 2d 635, 637 ; Matter of Schwimmer v. Power , 21 A D 2d 835; Matter of Swan v. Cohen, 179 Misc. 69 ). They have not been served with process herein.

In re the Arbitration between Allcity Insurance & Di Noto

80 Misc. 2d 1022 · New York Supreme Court · Jan 28, 1975

The decision in Brown v MVAIC ( 33 AD2d 804 ) granted a permanent stay for breach of that condition. … v MVAIC, 48 Misc 2d 170 ).

Moll v. City of Lockport

118 Misc. 573 · New York Supreme Court · May 15, 1922

As to the general authority of said board and the propriety, reasonableness and constitutionality of said resolution I believe myself bound by the unreported opinion of Justice Morschauser in People ex rel. Ogden v. … Henry v. Nostrand, 46 N. Y. 375 ; Vermilyea v. Palmer, 52 id. 471 ; People ex rel. Howlett v. Mayor, 63 id. 291, and the opinion in Lake Shore & M. S. Ry. Co. v. Mahle, 72 Misc. Rep. 129 ; revd., 158 App. Div. 889 .

Lazarus v. City of New York

151 Misc. 818 · New York Supreme Court · Jun 9, 1934

That decision leans upon the celebrated authority of Marbury v. … Childs v.

Graham v. Newton

7 Misc. 2d 34 · New York Supreme Court · Mar 4, 1957

(Matter of Clark v. Board of Zoning Appeals, 301 N. Y. 86, 91 .) … Co. v. Thatcher, 278 N. Y. 222 ; Matter of Clark v. Board of Zoning Appeals, supra.)

Berlin Iron Bridge Co. v. Wagner

10 N.Y.S. 840 · New York Supreme Court · Jul 7, 1890

Mather v. Crawford, 36 Barb. 564 ; Huggans v. Riley, 4 N. Y. Supp. 282 ; People v. Meach, 14 Abb. Pr. (N. S.) 429. … Gubna, 10 Hun, 11 , was held under Authority conferred by the board of supervisors. The case of Barker v. Town of Oswegatchie, ante, 834, (decided by the special term,) arose under the facts in this case.

Unitarian Universalist Church v. Shorten

64 Misc. 2d 851 · New York Supreme Court · Nov 9, 1970

Those decretal paragraphs were necessary to the conclusion reached and are binding not only upon the bureau but also upon the board and *855 adjoining owners represented "by the board (see Fishgold v. … Nesbit, 203 F. 2d 463 ; Wolpe v. Poretsky, supra; Allison v. People, 132 Col. 156 ; see Cuthill v. Ortman-Miller Mach. Co., 216 F. 2d 336 ; Blocker v. Board of Educ. of Manhasset, 229 F.

Tobin v. Waters

6 Misc. 2d 159 · New York Supreme Court · May 3, 1957

The use of the word “ board ” in addition to the words ‘ ‘ board of appeals ’ ’ emphasizes this fact. … In Matter of Firestone v. Town Board of the Town of Oyster Bay (134 N. Y.

Rosner v. Civil Service Commission of New York

66 Misc. 2d 851 · New York Supreme Court · Apr 28, 1971

Section 6 of article V of the New York State Constitution provides that civil service appointments shall be made according to merit and fitness and subdivisions 1 and 2 of section 50 of the Civil Service Law, so far as they … As recently as February 17, 1971 the Court of Appeals in Fagelman v.