Case law

Mirschel v. Weissenberger

198 Misc. 488 · New York Supreme Court · Jun 16, 1950

The petitioners rely upon the case of *490 Matter of Little v. Young ( 274 App. Div. 1005 , affd. 299 N. Y. 699 ). … In addition, there is a serious question as to whether the Village Law has granted to a board of appeals such power as is here proposed to be exercised by such board.

Boom v. City of Utica

2 Barb. 104 · New York Supreme Court · Jan 3, 1848

The board never intended that the committee should commit a trespass, in procuring a place for this unfortunate family. It is insisted, however, that upon the authority of what is said in Thayer v. … We would say as the court said in reply to a similar argument in Hodges v.

Berg v. Michaelis

37 Misc. 2d 1076 · New York Supreme Court · Feb 7, 1963

(Matter of Taub v. Pirnie, 3 N Y 2d 188,195.) … Larkin, 11 N Y 2d 20, 24; Matter of Rothstein v. County Operating Co., 6 N Y 2d 728).

In re Balcom

28 Misc. 1 · New York Supreme Court · Jun 15, 1899

Sweet v. Lyman, 157 N. … Drake v. Common Council 26 Misc. Rep. 522 ; 57 N. Y.

Connolly v. Kennedy

9 Misc. 2d 49 · New York Supreme Court · Oct 1, 1957

They concede, however, that the conclusion of the medical board and the majority of the special medical board to the effect that his present condition is not the result of his 1936 injuries is advisory only. … It therefore follows that this case is closely analogous to Matter of O’Hara v. Monaghan ( 309 N. Y. 931 ) where the Court of Appeals affirmed without opinion a decision of the Appellate Division ( 286 App.

Barbulean v. City of Newburgh

168 Misc. 2d 728 · New York Supreme Court · Aug 21, 1995

of Appeals (the Appeals Board). … Since the doctrine of res judicata is applicable to the quasi-judicial decisions rendered by administrative agencies such as the Appeals Board (see, Ryan v New York Tel.

Kardwheel Corp. v. Karper

1 Misc. 2d 707 · New York Supreme Court · Jan 4, 1956

Sterling Industries v. Ball Bearing Pen Corp., 298 N. … And it is conceded by the plaintiff that the board of directors did not and would not authorize or ratify the action of the vice-president and the treasurer.

Berkey v. Berkey

24 Misc. 2d 711 · New York Supreme Court · May 12, 1960

This case was followed by Brown v. Brown ( 209 App. … This case likewise went to the Court of Appeals in Brown v. Brown ( 239 N. Y. 518 ) in which the following headnote and decision disclose that the court reaffirmed its position in Harding v.

Friendly Hillside Motel, Inc. v. Town of Brunswick

74 Misc. 2d 1001 · New York Supreme Court · Aug 1, 1973

There is, of course, no question but that the íown of Brunswick may validly pass an ordinance regulating the use of signs (see Matter of Cromwell v. Ferrier, 19 N Y 2d 263). … Plaintiff contends that the present ordinance is invalid in that section 17 thereof provides for review before the Town Board and not before the Zoning Board of Appeals as required by section 267 of the Town Law.

Mars Realty Corp. v. Sexton

141 Misc. 622 · New York Supreme Court · Oct 21, 1931

In Hobart v. … As was said in Green v. Frazier ( 253 U.

Willits v. Schoepflin

46 Misc. 2d 292 · New York Supreme Court · Jul 9, 1964

Young (7 N Y 2d 845); Matter of Chasanoff v. Silberstein (6 N Y 2d 807) and Matter of Ferryman v. … While in Matter of Zeller v.

Bennett v. Regan

78 Misc. 2d 1079 · New York Supreme Court · Aug 12, 1974

More recently, in Matter of Hamm v. … Johnson v. Chairman, N. Y. State Bd. of Parole, 363 F. Supp. 416 .) Matter of Cummings v. Regan ( 76 Misc 2d 137 ) and Matter of Cummings v.

In re the Arbitration between Vartanian & Motor Vehicle Accident Indemnification Corp.

54 Misc. 2d 983 · New York Supreme Court · Oct 19, 1967

The award, dated July 3, 1967, directs MVAIC to pay to Brown $9,000 and to Vartanian $6,000. … Fund v. Miller, 4 A D 2d 481.) Accordingly, the lien of Hancock is disallowed.

Everett v. County of Erie

148 Misc. 778 · New York Supreme Court · Sep 6, 1933

On April 25, 1933, the plaintiff presented his bill for $3,000 to the board of supervisors of Erie county. It was by resolution of the board referred to the committee on finance. … We are of the opinion the procedure open to those having claims against a county is quite succinctly pointed out in the case of New York Catholic Protectory v. Rockland County ( 212 N.

Lefkowitch v. Nyquist

29 Misc. 2d 14 · New York Supreme Court · Feb 10, 1961

On her appeal from the respondent board’s action to the Acting Commissioner of Education, he has held that the Superintendent of Schools, with the approval of the respondent board, has absolute power in the absence of a showing … (Matter of Board of Educ. of City of N. Y. v. Allen, 6 N Y 2d 127, 136; Barringer v. Powell, 230 N. Y. 37, 43 ; Bulloch v. Cooley, 225 N. Y. 566, 577, 578 ; Matter of Beam v. Wilson, 200 Misc. 183 , affd. 279 App.

Halls v. Van Buren

46 Misc. 2d 703 · New York Supreme Court · Apr 20, 1965

not be estopped from the performance of his duty (Matter of Whalen v. … (Matter of Finck v. Bliss, 205 Misc. 775, 779 .) Accordingly the application is denied and the petition is dismissed.

Amelotte v. Jacob Dold Packing Co.

173 Misc. 477 · New York Supreme Court · Feb 24, 1940

In National Labor Relations Board v. Jones & Laughlin Steel Corp. ( 301 U. … Co. v.

Etelson v. Jacaruso

80 Misc. 2d 685 · New York Supreme Court · Jan 29, 1975

Sections 9-900 and 9-902 refer to acts and resolutions of the village board which are subject to a permissive *688 referendum. … V. Const., art. VI, § 17, subd. d). The Legislature has fixed the term of office of a Village Justice at four official years (Village Law, § 3-302, subd. 3).

City of Syracuse v. Hueber

79 Misc. 2d 154 · New York Supreme Court · Aug 23, 1974

(Common Council of City of Gloversville v. Town Bd. of Town of Johnstown, 37 A D 2d 459, revd. on other grounds 32 N Y 2d 342; Bright Homes v. Wright, 8 N Y 2d 157.) … The decision of respondent board is overruled.

Hall v. Senior

54 Misc. 463 · New York Supreme Court · May 15, 1907

Chadeayne v. Gwyer, 83 App. Div. 403 ; Dawers v. Sternberger,. 52 Misc. Rep. 532 ; Steenberge v. Low, 46 id. 285. … The judgment of Brown against Alfred Senior was recovered May 5, 1874. The testator never owned the Forty-ninth street property nor the Houston street leasehold.