Case law

In re A-85-04-38

138 Misc. 2d 786 · New York Supreme Court · Jan 22, 1988

solely on the prospect of possible violations of law being discovered, especially with respect to subpoenas duces tecum * * * There must be authority, relevancy, and some basis for inquisitorial action” (Matter of A’Hearn v … (Matter of Levin v Murawski, 59 NY2d 35, 40 .) As aforesaid, the enabling statute extends this authority to the patient and office records of the actual licensee under investigation.

Mitchell v. Long Island University

62 Misc. 2d 733 · New York Supreme Court · Jan 22, 1970

”; (§ V-A) the appeal board had the right “to affirm, to reduce, or to strengthen the penalty”; (§ VT-D) “ The decision of the Faculty-Student Appeal Board shall be final as interpreted under the statutes of the University … That the board was not predisposed to making an adverse finding is not only evidenced by its offer to hear Noah Mitchell and his witnesses but by the final sentence on page 2 of its record “ The Board does recognize that

Leonard v. Long Island City

20 N.Y.S. 26 · New York Supreme Court · Jul 22, 1892

and are in use by said board and the defendant. … Kramrath v. City of Albany, 127 N. Y. 581 , 28 N. E. Rep. 400.

Stebbins v. McNulty

29 Misc. 2d 351 · New York Supreme Court · Aug 9, 1961

Roscos V. Elsworth, J. … The court is not impressed with the argument that a member of the police board is powerless to initiate charges and that the board can only act when some outsider prefers charges.

Whitman v. City of New York

39 Misc. 43 · New York Supreme Court · Oct 15, 1902

Co., 69 Hun, 324 ; Consolidated Ice Co. v. Mayor, 53 App. *46 Div. 260 ; aff’d. 166 N. Y. 92 ; Langdon v. Mayor, 93 N. Y. 149 ). … Y., at p. 99 ; Smith v. Furbish, 68 N. H. 123).

Clark v. Cuomo

123 Misc. 2d 885 · New York Supreme Court · Aug 1, 1984

The application forms are designed by the State Board of Elections and processed by the local county boards of elections. … The Legislature, no doubt aware of the differing local conditions described in Matter of Ahern v Elder ( 195 NY 493 , supra), has directed that the local county boards of elections are the government bodies charged with distributing

Plotinsky v. Gardner

27 Misc. 2d 681 · New York Supreme Court · Aug 6, 1960

In granting the special exception, the board exceeded its jurisdiction and power, and the special permit here in question is therefore a nullity. (Kaufman v. City of Glen Cove, 180 Misc. 349 ; Matter of Long Is. R. R. … The jurisdiction of the board to grant a variance is limited to an appeal from an order of the building official denying a building permit or certificate of occupancy (Streeter v.

In re the Arbitration between Nationwide Mutual Insurance & Holbert

39 Misc. 2d 782 · New York Supreme Court · Aug 1, 1962

Corp. v. … Corp. v. Brown (15 A D 2d 578, supra). See, also, order of Supreme Court at Special Term, reinstated by the Court of Appeals in Matter of Rosenbaum (American Sur. Co. of N. Y.), (supra).

Donnellon v. Heffernan

193 Misc. 97 · New York Supreme Court · Sep 30, 1948

Objections were filed to this petition and after a hearing this court (Matter of Marcantonio v. Heffernan, 192 Misc. 868 , Mr. … The decision in Matter of Schwamm v. Cohen ( 172 Misc. 162 ) has not been overlooked. The decision there referred to a different situation even though there are points of similarity.

Farrell v. Sunderland

173 Misc. 2d 787 · New York Supreme Court · Aug 5, 1997

In Matter of Harden v Board of Elections ( 74 NY2d 796 ), the Court of Appeals explained the opportunity to ballot remedy as follows: "The 'opportunity to ballot’ remedy fashioned in Matter of Hunting v Power ( 20 NY2d 680 … It was not intended to be a generally available substitute for the petition process” (see, Matter of Harden v Board of Elections, 74 NY2d 796, 797 ).

Tidewater Oil Co. v. Mangravite

38 Misc. 2d 662 · New York Supreme Court · Feb 7, 1963

This is an application pursuant to article 78 of the Civil Practice Act for an order reviewing and annulling a determination of the respondent Board of Trustees of the Incorporated Village of Lynbrook wherein a special exception … Here, there is no such permission; the proposed improvement is flatly prohibited. ’ ’ (Matter of Simensky v. Mangravite, 16 A D 2d 977, affd. 12 N Y 2d 908; emphasis supplied.)

Shulman v. Wallace

18 Misc. 2d 91 · New York Supreme Court · Jul 7, 1959

(Matter of Wright v. Ransom, 307 N. Y. 317 .) … (Matter of Cutler v. Herman, 2 A D 2d 782, affd. 3 N Y 2d 334; Matter of Wright v. Ransom, supra.)

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.

In re the Arbitration Between Marcus & Motor Vehicle Accident Indemnification Corp.

29 Misc. 2d 573 · New York Supreme Court · Jan 27, 1961

Co., 3 A D 2d 564, affd. 4 N Y 2d 1028; Matter of Brown [Motor Vehicle Acc. Ind. Corp.], 24 Misc 2d 550 ). … By such unwarranted delay, it must be deemed, as a matter of law, that timely notice of petitioner’s claim was not given to respondent (Deso v. London & Lancashire Ind. Co., 3 N Y 2d 127; Zurich Acc. Ins. Co. v.

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 .)

Sparling v. Patterson

201 Misc. 737 · New York Supreme Court · Jun 8, 1951

Div. 257 ; Matter of Five-Boro Personal Loan Corp. v. Bell, 61 N. Y. S. 2d 445, affd. 271 App. Div. 1011 ; Matter of Bd. of Educ., School Dist. No. 1 v. Cole, 176 Misc. 509 ; Matter of New Honeymoon Danceland v. … Y. v. Weil, 76 Misc. 273 ).

Webster v. Clark

22 N.Y.S. 279 · New York Supreme Court · Feb 17, 1893

Brown was a nephew of Clark. … Lavelle v. Skelly, 24 Hun, 642 , 90 N. Y. 546 ; Piper v. Van Buren, 27 Hun, 384 ; Richards v. Brice, (Com. Pl. N. Y.) 3 N. Y. Supp. 941 ; Patterson v. McCunn, 38 Hun, 531 ; Dick v. Livingston, 41 Hun, 455 .

McMaster v. Owens

193 Misc. 284 · New York Supreme Court · Nov 29, 1948

Peixotto v. Board of Education, 212 N. … (Matter of Armitage v. Board of Education of City of Auburn, 122 Misc. 586 , affd. 210 App. Div. 812 , affid. 240 N. Y. 548 .)

Matter of Renren Inc. Derivative Litig. v. XXX

New York Supreme Court · May 20, 2020

Brown , 564 US 915, 919 [2011], quoting International Shoe Co. v Washington , 326 US 310, 317 [1945]). … Member (2012 — Present) and Executive Director (2017 — Present) of Trucker Path located in Phoenix, Arizona, an Investor/Board Advisor of Aspiration.com (2014-Present), located in the Greater Los Angeles Area, (v) he was

Rogers v. North American Philips Co.

37 Misc. 2d 923 · New York Supreme Court · Dec 12, 1962

In Place v. … (Levitt v. Incorporated Vil. of Sands Point, 6 N Y 2d 269; Rodgers v. Village of Tarrytown, supra; Thomas v. Town of Bedford, supra.)