Case law

Church v. Town of Islip

6 Misc. 2d 810 · New York Supreme Court · Oct 2, 1956

On July 8,’ 1954, a-public hearing was held by the town board which again referred the matter to the town planning board. … (Freeman v. City of Yonkers, 205 Misc. 947 ; Deligtisch v. Town of Greenburgh, 135 N. Y. S. 2d 220.)

Council v. Donovan

40 Misc. 2d 744 · New York Supreme Court · Oct 11, 1963

(Matter of Stolz v. Board of Regents, 4 A D 2d 361, 364.) … Matter of Board of Educ. of City of N. Y. v. Allen, 6 N Y 2d 127; see, also, Matter of Epstein v. Board of Educ. of City of N. Y., 162 Misc. 718 , supra.) Petition is dismissed.

Fillyow v. County of Westchester

33 Misc. 2d 501 · New York Supreme Court · Oct 5, 1961

The service of the summons on an employee in the office of the Clerk of the Board of Supervisors did not comply with the statute (Chesney v. Board of Educ., 5 N Y 2d 1007; Munroe v. Booth, 305 N. … Justice Hooley remarked in Matter of Merkle v.

People ex rel. Utica Sunday Tribune Co. v. Hugo

93 Misc. 618 · New York Supreme Court · Feb 15, 1916

Republican & Journal Co. v. McCarthy, 134 App. Div. 761 ; People ex rel. R. & J. Co. v. Wiggins, 199 N. Y. 382, 384 . The law is very elastic and it leaves a very large discretion to the supervisors. … Elmira Advertiser Assn. v. Gor *625 man, 169 App. Div. 891 ; People ex rel. R. & J. Co. v. Wiggins, 199 N. Y. 382 . The court in the case last cited held that such acts are not properly reviewable by certiorari.

Larson v. Tangalos

113 Misc. 2d 696 · New York Supreme Court · Apr 22, 1982

He does not approve Election Board payrolls. Such payrolls must be certified to the Director of Finance by one of the commissioners. (Cf. Matter of Starr v Meisser, 39 AD2d 712 .) … To allow the county legislative body to control Board of Election policies in any way would be to thwart the Constitution (M atter of Blondheim v Cohen, 248 App Div 75 , affd 272 NY 520 .)

Jordan v. Loos

204 Misc. 814 · New York Supreme Court · Oct 29, 1953

(Matter of Blandford v. McClellan, 173 Misc. 15 .) Thus, in Matter of Natelson v. Portfolio ( 291 N. … The associations as well as the respondents cite Runyon v. Board of Prison Terms & Paroles ( 26 Cal. App. 2d 183, 184-185 ), representing it to be almost identical with the instant proceeding.

D'Addario v. McNab

73 Misc. 2d 59 · New York Supreme Court · Feb 20, 1973

Y. 481 ; Cleveland v. City of Watertown, 222 N. Y. 159 ; Matter of Mooney v. Cohen, 272 N. Y. 33 ; Stanton v. Board of Supervisors of County of Essex, 191 N. Y. 428 ; People ex rel. Unger v. Kenedy, 207 N. Y. 533 ). … It may be superseded not only by act of the New York State Legislature but by local law adopted by the Town Board (Johnson v. Etkin, 279 N. Y. 1 ).

In re the Election of Member of Assembly for the First District

18 Misc. 391 · New York Supreme Court · Nov 15, 1896

Gaige v. Reardon, 49 Hun, 425 ; Fisher v. Doverman, 83 id. 81; People ex rel. Blodgett v. Board of Canvassers, 44 N. Y. St. Repr. 738; People ex rel. Noyes v. Board of Canvassers, 34 id. 127; S. C., 126 N. Y. 392 . … Emerson v. Board of Aldermen, 47 N. Y. St. Repr. 451; *395 People ex rel. Smith v. Schiellein, 95 N. Y. 124 ; Election Law, §§ 11, 111 and 114.

Casino Productions, Inc. v. Vitaphone Corp.

163 Misc. 403 · New York Supreme Court · Feb 18, 1937

(Fendler v. Morosco, 253 N. Y. 281 .) … (Sheldon v.

Fogel v. Goulding

51 Misc. 2d 641 · New York Supreme Court · Sep 22, 1966

Laws and Rulings Regarding Age of Entrance to Kindergarten And First Grade “* * * The local board of education: * * * “ C. … In Isquith v. Levitt (137 N. Y. S. 2d 493, affd. 285 App.

Mezey Motors, Inc. v. O'Dwyer

197 Misc. 227 · New York Supreme Court · Apr 26, 1949

The action is not, as movant asserts, one to enjoin the board of estimate from exercising a legislative or governmental power, i.e., condemnation of property. … (Blanshard v. City of New York, 262 N. Y. 5 .)

City of Utica v. County of Oneida

187 Misc. 960 · New York Supreme Court · Oct 4, 1946

What we have said is enough to show that in our opinion the plaintiff never had a contract * * To the same effect are Salt Company v. East Saginaw (13 Wall. [U. S.] 373), Welch v. Cook ( 97 U. S. 541 ), Tucker v. … (Trenton v. New Jersey, 262 U. S. 182 ; *966 Worcester v. Street Railway Co., 196 U. S. 539 ; City of Rochester v. Rochester Railway Co., 182 N. Y. 99 ; New Orleans v. N. O. Water Works Co., 142 U. S. 79 ; Williams v.

Roosevelt v. Power

22 Misc. 2d 1074 · New York Supreme Court · May 23, 1960

It is abundantly clear that the Board of Elections has the power to correct its own errors or mistakes (cf. People ex rel. Finnegan v. McBride, 226 N. … If registration falls, or lapses, or becomes nonexistent, the enrollment based thereon dies with it (Matter of Rhatigan v. Power, N. Y. L. J., Aug. 31, 1953, affd. 282 App. Div. 838 , affd. 306 N. Y. 551 ; Wexler v.

Merritt Manor Estates, Inc. v. Village of Elmsford

30 Misc. 2d 935 · New York Supreme Court · Jun 7, 1961

One or more preliminary plans were submitted to the planning board, and several meetings were held by the planning board concerning aspects of the plans. … Estate v. Moses, 268 N. Y. 362 ).

Clune v. Walker

10 Misc. 2d 858 · New York Supreme Court · Jan 21, 1958

Y. 115 ; Matter of Eaton v. Sweeny, 257 N. Y. 176 ). Further, the ordinance itself must clearly apprise an owner or purchaser of the restrictions to which his property is subject. … Hogan disagreed *861 with the determination of a board of appeals in denying a variance (Matter of Gruen v. Simpson, 153 N. Y. S. 2d 287). This court agrees with the views therein expressed.

City of Amsterdam v. Helsby

79 Misc. 2d 676 · New York Supreme Court · Nov 30, 1974

Auth. v. County of Nassau (28 N Y 2d 385); 6. Board of Educ. of Tri-Val. Cent. School Dist. v. BOCES (37 A D 2d 330). … (See Hadley v. Junior Coll. Dist., 397 U. S. 50, 58 ; Sailors v. Board of Educ., 387 U. S. 105, 110 .) ” Similarly, in Board of Educ. of Tri-Val. Cent.

Golden v. Koch

98 Misc. 2d 972 · New York Supreme Court · Feb 15, 1979

(Matter of Kuhn v Curran, 294 NY 207, 217 ; to the same effect Matter of City of New York v Beame, 37 AD2d 89 .) … (Bender v Jamaica Hosp., 40 NY2d 560, 561-562 .)

Kranis v. Monserrat

63 Misc. 2d 119 · New York Supreme Court · Apr 17, 1970

the Board of Elections to hold a new election for community school board members for the district. … Petitioners may find a remedy by proceedings in the nature of quo warranto (Matter of Southard v. McGann, 279 App. Div. 588 ; Matter of Ingamells v. Board of Election of Oswego County, 259 App.

Barnes v. Seligman

22 N.Y.S. 45 · New York Supreme Court · Feb 13, 1893

Brown. The allegations of the complaint therein are that the deceased, Mr. Seligman, in his lifetime, and George H. … Tolman v. Railroad Co., 92 N. Y. 353 .

Van Lengen v. Balabanian

50 Misc. 2d 652 · New York Supreme Court · Jun 14, 1966

Matter of Mansfield v. … Service was made only on the candidates and the Board of Elections and not on the committee to fill vacancies. The committee members are not necessary parties to the proceeding. (Matter of Manz v.