Case law

Loos v. City of New York

170 Misc. 104 · New York Supreme Court · Jan 18, 1939

Burr v. Zeyst ( 23 N. Y. 140 ) the court, in referring to a Massachusetts case (Taylor v. … The court then referred to People v.

Hirschmann v. Hassapoyannes

16 Misc. 3d 1014 · New York Supreme Court · Jun 11, 2007

(See Hirschmann v Hassapoyannes, 11 Misc 3d 265 [Sup Ct, NY County 2005].) The facts will not be repeated here except to the extent necessary. Initially, the board of directors of 20166 Tenants Corp. … ]; Mitchell v Shane, 350 F3d 39, 47 [2d Cir 2003]).

Valton v. National Loan Fund Life Assurance Society

22 Barb. 9 · New York Supreme Court · Dec 4, 1854

(See Kimball v. Davis, 19 Wend. 437 ; Brown v. Kimball , 25 id. 259 ; Smith v. Griffith, 3 Hill, 333 .) … It came before Lord Abinger twice, at the circuit, in Wainwright v.

Peloquin v. Arsenault

162 Misc. 2d 306 · New York Supreme Court · Aug 31, 1994

The use of hand-held or other unobtrusive audio tape recorders is settled — they are permitted (Mitchell v Board of Educ., 113 AD2d 924 [1985]). … Hand-held audio recorders are unobtrusive (Mitchell v *309 Board of Educ., supra); camcorders may or may not be depending, as we have seen, on the circumstances.

Weinstock v. Long

29 Misc. 2d 795 · New York Supreme Court · Apr 7, 1961

Y. 637 ; Matter of Kay v. Board of Higher Educ. of City of N. Y., supra; People ex rel. Sherrill v. Guggenheimer, supra; Adee v. Arnow, 91 Hun 329 ; Portsmouth v. New Hampshire Nat. Bank, 76 N. H. 577; cf. Walters v. … Thus, in Adee v.

Kessel v. D'Amato

97 Misc. 2d 675 · New York Supreme Court · Jan 4, 1979

In addition, this court in Matter of Kamlet v Board of Educ. (91 Mise 2d 1105) concluded that planning sessions wherein oral reports were received from employees of the school system as well as prospective contractors were … In support of their claim of noncompliance by the board with section 305 of the Charter, the petitioners direct the attention of the court to People v Tremaine ( 281 NY 1 ); Matter of Block v Sprague ( 285 NY 69 ); and Matter

Barnathan v. Kramer

44 Misc. 2d 203 · New York Supreme Court · Jul 8, 1964

Moreover, in Hewlett v. … v.

Sullivan County Harness Racing Ass'n v. City of Schenectady Off-Track Betting Commission

76 Misc. 2d 558 · New York Supreme Court · Nov 27, 1973

This act by the Board has support in the laws and is, therefore, conclusive (Matter of Swalbach v. State Liq. Auth. of State of N. … Y., 7 N Y 2d 518, 526) and the sole test of judicial review is to determine whether the agency (Board) acted arbitrarily or capriciously (Matter of Fink v. Cole, 1 N Y 2d 48, 53).

Karasz v. Wallace

133 Misc. 2d 520 · New York Supreme Court · Oct 8, 1986

Although the threshold for requiring SEQRA compliance is "relatively low” (Matter of Save the Pine Bush v Planning Bd., 96 AD2d 986 ), the court concludes that the Zoning Board appropriately considered relevant environmental … The court finds that the decision of the Zoning Board not *525 to require SEQRA review of this application for a special use permit was not arbitrary, capricious or an abuse of discretion (Matter of Jackson v New York State

Montross v. Wheeler

4 Lans. 99 · New York Supreme Court · Feb 15, 1871

(Dakin v. Demming, 6 Paige, 95 .) … (Curtis v. Stillwell, 32 Barb., 354 .)

In re the Arbitration between Central School District No. 1 & Mahopac Teachers Ass'n

72 Misc. 2d 503 · New York Supreme Court · Dec 20, 1972

Finally, the power to grant tenure to teachers is vested exclusively in the Board of Education. It is not an arbitrable issue. (See Legislative Conference of City Univ. of N. Y. v. Board of Higher Educ. of City of N. … Y., 38 AD 2d 478;Matter of McMaster v. Owens, 275 App. Div. 506 .)

Christ v. Dodd

91 Misc. 2d 250 · New York Supreme Court · Oct 3, 1977

After a canvass and recanvass of the votes cast at said election the Board of Elections certified the total vote to be 1774 for D’Agostino and 1765 for petitioner Christ. … Santangelo, 15 AD2d 341 ; Matter of De Martini v Power, 27 NY2d 149 ).

Guariglia v. De Furio

34 Misc. 2d 200 · New York Supreme Court · Apr 23, 1962

Co. v. … (Lewis v. Smith, 109 Misc. 694 , affd. 190 App. Div. 884 ; Mullooly v. Union Free School Dist. No. 8, 20 Misc 2d 795 .)

Evans v. Newman

100 Misc. 2d 207 · New York Supreme Court · Sep 7, 1979

(Matter of Howard v Wyman, 28 NY2d 434 .) However, the agency may not under the guise of administering the statute ascribe a different or unreasonable meaning to its terms. … (Matter *210 of Mounting & Finishing Co. v McGoldrick, 294 NY 104 ; 1 NY Jur, Administrative Law, § 191.)

Paris v. Eisenberg

35 Misc. 2d 934 · New York Supreme Court · Jun 28, 1962

association is presently authorized to build and maintain a float or dock, a right which has for some time been the subject of litigation in the courts (Paris v. … The proposed float was a structure (Caddy v. Interborough R. T. Co., 195 N. Y. 415 ). Furthermore, a permit was issued. (3) That petitioner has no standing to bring this proceeding.

Seward v. Beach

29 Barb. 239 · New York Supreme Court · May 9, 1859

By the Court, Brown, J. … (Colburn v. Swett, 1 Metc. 232 . Barnard v. Gostling and another, 2 East, 569, Fleming qui tam v. Bailey, 5 id. 513. Bacon’s Abr., Action qui tarn, A.) [Dutchess General Term, May 9, 1859.

City of New York v. DeCosta

176 Misc. 2d 936 · New York Supreme Court · May 26, 1998

’s authority and must be prohibited (Matter of Levitt v Board of Collective Bargaining, supra, at 127). … Limitations on the School Board’s access to a teacher’s personnel file was found to violate the public policy of the School Board’s responsibility to employ only qualified teachers (see, Board of Educ. v Areman, 41 NY2d 527

Schieffelin v. Kelliher

132 Misc. 356 · New York Supreme Court · Jun 2, 1928

The motion for a temporary injunction in that litigation was denied, but the Appellate Division (Brown v. Craig, 209 App. … As soon as the Appel *359 late Division affirmed the Special Term (Schieffelin v. Lakey, 213 App. Div. 865 ), the three defendants specified amended their answers in Brown v.

Koontz v. Astronics Corp.

108 Misc. 2d 1049 · New York Supreme Court · May 15, 1981

Royal Business Funds Corp., 18 NY2d 521 ; Cohon & Co. v Russell, 23 NY2d 569 ; Bradkin v Leverton, 26 NY2d 192 ; Small v Marchese, 98 Misc 2d 295 ). … Minichiello v Royal Business Funds Corp., 18 NY2d, at p 526 ).

Grundman v. Town of Brighton

5 Misc. 2d 1006 · New York Supreme Court · Nov 17, 1956

The determination of the Alcoholic Beverage Control Board in granting the license must be deemed valid in a subsequent collateral attack on its legality. (Matter of Golden v. Joseph, 307 N. Y. 62 .) … Reuther v. Sisson, 101 Misc. 429 ; Matter of Hoover, 30 F. 51 ; Matter of Barry v. O’ Connell, supra; Matter of Roden v. New York State *1009 Liq.