Case law

People ex rel. New York Central & Hudson River Railroad v. Woodbury

74 Misc. 130 · New York Supreme Court · May 15, 1910

Co. v. State Board, 174 N. Y. 417 . … Jamaica Water Supply Co. v. State Board of Tax Commrs., 196 N. Y. 53 . The presumption is that _ the assessments are legal and proper.

Hunting v. Power

54 Misc. 2d 120 · New York Supreme Court · Jun 12, 1967

Matter of Fleishman v. Board of Elections, 31 Misc 2d 326; Matter of Fleishman v. Commissioners of Bd. of Elections, N. Y. L. J., Aug. 30, 1961, p. 11, col. 3, revd. 14 A D 2d 600, affd. 10 N Y 2d 804). … The essential purpose of the Election Law was to insure an “ equal chance and opportunity for every one to express his choice at the polls ” (Lauer v. Board of Elections of City of N. Y., 262 N. Y. 416, 419 ).

People ex rel. Squires v. Hand

135 N.Y.S. 192 · New York Supreme Court · May 15, 1912

Although there had been a board of proprietor trustees, they were not town trustees, and therefore the act fixing the election “of successors to the present board of trustees” pointed clearly to the board that had always … Demarest v. Mayor, 74 N. Y. 161 .

Monoco Oil Co. v. Town of Pittsford

59 Misc. 2d 750 · New York Supreme Court · Jun 2, 1969

21.07; Scarsdale Supply Co. v. … Y. 642 ), or where an exception was built into the ordinance, “ if approved by the Board of Appeals ” (Rose v.

Francisco v. O'Connell

33 Misc. 2d 555 · New York Supreme Court · May 12, 1948

(Matter of Peekskill Packing Co. v. Board of Health of Vil. of Peekskill, 172 Misc. 176 , revd. on other grounds 261 App. Div. 915 .) … (Matter of Scudder v. O’Connell, 272 App. Div. 251 .)

Gardner v. Murphy

46 Misc. 2d 728 · New York Supreme Court · Jun 14, 1965

(Slochower v. Board of Educ., 350 U. S. 551, 558 [1956], supra.) Of critical significance, the specific statute tested in Slochower v. Board of Educ. … (Slochower v. Board of Educ., 350 U. S. 551, 559 .) Within the context of Malloy v.

Dalton v. Educational Testing Service of Princeton

155 Misc. 2d 214 · New York Supreme Court · Aug 7, 1992

Corp., 75 NY2d 530 ; Kirsch v Holiday Summer Homes, 143 AD2d 811 ) or on the limited judicial review of the exercise of administrative discretion by universities (see, Matter of Olsson v Board of Higher Educ., 49 NY2d 408 … D. v Educational Testing Serv.

New York Institute of Technology, Inc. v. Ruckgaber

65 Misc. 2d 241 · New York Supreme Court · Nov 30, 1970

Univ. v. Tappan, 202 Misc. 956, 960 , affd. 281 App. Div. 771 , affd. 305 N. Y. 893 ). … V, § 5.0 [h] [8] [1] through [6]) invalid, does not mean, however, that the village Board of Trustees is not empowered to regulate by reasonable standards the use of residentially zoned property for educational purposes and

Rivers v. Young

26 Misc. 3d 946 · New York Supreme Court · Dec 22, 2009

School Dist., 305 AD2d 83, 88 [2d Dept 2003], quoting Matter of Gordon v Village of Monticello, 87 NY2d 124, 126 [1995], and citing Matter of Smith v City Univ. of N.Y., 92 NY2d 707 [1999]; Matter of Goetschius v Board of … (See Matter of Goldin v Board ofEduc. of Wappingers Cent.

109 Main Street Corp. v. Burns

14 Misc. 2d 1037 · New York Supreme Court · Jun 11, 1958

Folkers v. Welsch ( 235 Mo. … Justice Hill (Matter of Edelman v. Town Bd. of Town of Oyster Bay, 14 Misc 2d 953, 954 ) that “ considerations of traffic burdens and hazards are for the police and not zoning boards ”. (See, also, Linn v.

Yatauro v. Mangano

32 Misc. 3d 838 · New York Supreme Court · Jul 21, 2011

On April 14, 1993, after several Nassau County residents sued the Nassau County Board of Supervisors and Board of Elections, U.S. District Court Judge Arthur D. … Shilbury v Board of Supervisors of County of Sullivan, 46 Misc 2d 837, 841-842 [Sup Ct, Sullivan County 1965], affd 25 AD2d 688 [3d Dept 1966] [declaratory judgment that county board of supervisors was void on constitutional

Ogden v. Allen

40 Misc. 2d 752 · New York Supreme Court · Aug 23, 1963

The power to decide rests by law in the commissioner and only an abuse of that power would invite judicial interference. ” (See, also, Matter of Board of Educ. v. Cole, 176 Misc. 509, 511 .) … (Matter of Board of Educ. v. Allen, 6 A D 2d 316, affd. 6 N Y 2d 871.) ” In Matter of Board of Educ. v. Allen (6 A D 2d 316, affd. 6 N Y 2d 871, app. dsmd. 361 U.

Richards v. Marine Insurance

3 Johns. 307 · New York Supreme Court · Aug 15, 1808

Now no goods were so laden, but the cargo had been on board from the time of the vessel’s sailing from New-York. … To bring this case within that of Vredenbergh v.

Neiburger v. Lewis

185 Misc. 437 · New York Supreme Court · Jun 22, 1945

of the Board of Zoning Appeals granting the right to use the premises as a rooming or boarding house. … of Zoning Appeals which had never been reviewed, modified or rescinded and which had not expired or become impossible of performance (Matter of Beckmann v.

Aronson v. Crane

139 Misc. 2d 744 · New York Supreme Court · May 10, 1988

(See, Rossi v Simms, 119 AD2d 137 ; Civil Rights Law § 19-a.) Defendants are quite correct regarding the approval powers of a board of directors. … (See also, Goldstone v Constable, 84 AD2d 519 ; Van Camp v Sherman, 132 AD2d 453, 454 ; see generally, Jamil v South-ridge Coop., Section 4, 93 Misc 2d 383, 385 [bad faith or breach of trust on the part of directors renders

Patchogue Scrap Iron & Metal Co. v. Ingraham

57 Misc. 2d 290 · New York Supreme Court · Jul 17, 1968

statute, as in the instant matter herein, expressly describes particular parties to which it applies, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted and excluded (Doyle v. … It is equally clear that a State cannot be substituted for an officer or board whose determination is sought to be reviewed (People ex rel. Vickerman v. Contracting Bd., 46 Barb. 254 ).

J. J. Newberry Co. v. Kinnaw

198 Misc. 321 · New York Supreme Court · May 19, 1950

Bank v. Lewis, supra.) … Bank v.

Kerner v. Town of Clifton Park

178 Misc. 2d 845 · New York Supreme Court · Oct 26, 1998

the constitutionality or validity of a local law or ordinance (Press v County of Monroe, 50 NY2d 695 ; Matter of Pokoik v Department of Health Servs., 185 AD2d 929 ). … Sander, 92 NY2d 244, 253 ; Matter of FYM Clinical Lab. v Perales, 147 AD2d 840 , affd 74 NY2d 539 ; Matter of Devereaux v New York State Teachers’ Retirement Bd., 75 AD2d 277 ).

Glass v. Department of Health

64 Misc. 2d 880 · New York Supreme Court · Nov 25, 1970

Board of Educ. of City of Rochester, 302 N. Y. 94 .) In Schnepel (supra, p. 96 ) the court expressly repudiated the contrary dictum expressed in Lewis v. Board of Educ. of City of N. Y. ( 258 N. … Y. 117 ) which was the predicate for the holding in *884 Judd v. Board of Educ. ( 278 N. Y. 200 ). (See, also, Matter of Rumble v. Board of Educ. of City of N. Y., 27 Misc 2d 939 .)

Wilmerding v. La Guardia

184 Misc. 607 · New York Supreme Court · Mar 22, 1945

(Wilmerding v. La Guardia, 268 App. Div. 496 .) My province is to interpret the opinion of the higher court and to apply it to the facts developed at the trial. … . *609 (All matters quoted in this memorandum are from the opinion in Wilmerding v.