Case law

Kavanaugh v. Commonwealth Trust Co.

64 Misc. 303 · New York Supreme Court · Aug 15, 1906

In Hun v. Cary, 82 N. … In Hanna v. Lyon, 179 N.

Dairymen's League Cooperative Ass'n v. Perrini

54 Misc. 2d 400 · New York Supreme Court · Jun 8, 1967

Nor is there any statutory requirement that the Board of Estimate, or its duly delegated agent, the Board of Responsibility, hold a hearing. (Matter of New England Dredge & Dock Co. v. City of New York , N. Y. L. … (Umted States v. White, 322 U. S. 694 .) The petition is dismissed.

Brener v. Foley

27 Misc. 2d 334 · New York Supreme Court · Nov 3, 1960

The instant case is very similar to Matter of Ryback v. … It was so held in Matter of Ryback v. Murdock (supra).

Avalon v. Allen

22 Misc. 2d 961 · New York Supreme Court · Nov 2, 1959

service, and shall not be removed except for cause after a hearing by the affirmative vote of a majority of the board.” … The functions of a probationary period are to give the appointing officer an opportunity to ascertain the employee’s fitness and to give the employee an opportunity to demonstrate his ability (Matter of Going v.

Holt v. Jansen

26 Misc. 2d 247 · New York Supreme Court · Dec 14, 1953

A Board of Education is a ■ governmental agency of the State, independent of the municipality in which it functions. (Gunnison v. Board of Educ., 176 N. Y. 11 ; People ex rel. Elkind v. … Such a district, considered apart from the Board of Education, itself is a civil division of the State. (Herman v. Board of Educ., supra, p. 202; Palmer v. Board of Educ., 276 N. Y. 222, 227 .)

People ex rel. Albright v. City of Buffalo

52 N.Y.S. 689 · New York Supreme Court · Jul 2, 1898

The board of assessors, in whom the power is vested to determine the district of assessment for local improvements (City Charter, § 143; People v. City of Buffalo, 147 N. Y. 675 , 42 N. E. 344 ; Providence Retreat v. … If, however, in the fulfillment of its important functions, the board proceeds upon an erroneous principle, courts will not ratify its action. Clark v. Village of Dunkirk, 12 Hun, 181 , affirmed 75 N.

People ex rel. Brooks v. Watts

26 N.Y.S. 280 · New York Supreme Court · Dec 8, 1893

Cronin v. Stoddard, 97 N. Y. 274 ; Horton v. Parsons, 37 Hun, 45 ; People v. Board of Trustees, 59 Hun, 206 , 13 N. Y. Supp. 447 ; People v. Crissey, 91 N. Y. 635 . … Goillotel v. Mayor, 87 N. Y. 443 .

Winkler v. Moore

110 Misc. 2d 785 · New York Supreme Court · Sep 17, 1981

(Koso v Greene, 260 NY 491 ; Giordano v Henry, 44 AD2d 835 .) … La Sota v Green, 74 AD2d 572 ). Therefore, the petitioner was no longer a provisional employee who may be removed at will (Riggi v Blessing, 9 AD2d 423 , affd 10 NY2d 917 ).

Sacharoff v. Murphy

182 Misc. 235 · New York Supreme Court · Sep 8, 1943

Y. 283, 292 , and Matter of Bender v. Board of Regents, 262 App. … Co. v. Johnson, 264 U. S. 375, 390 ; Hopkins Savings Assn. v. Cleary, 296 U.

In re Gordon

169 Misc. 730 · New York Supreme Court · Jan 3, 1939

(Matter of Smith v. Board of Canvassers, 92 Misc. 607 .) But to require the board to conduct a recanvass the discrepancy must be one which is apparent in the return itself. … Even in Smith v.

Murphy v. Kraemer

16 Misc. 2d 374 · New York Supreme Court · Dec 5, 1958

In Matter of Clark v. Board of Zoning Appeals ( 301 N. … Therefore, the application must be denied without prejudice to a further application to the Board of Zoning Appeals for a rehearing of the present application or the making of such new application to the said board as petitioner

In re Ford

6 Lans. 92 · New York Supreme Court · Jul 1, 1872

(Sharp v. Spier, 4 Hill, 76 .) The duty imposed on the board of assessors and on the common council is a judicial one in its nature. … In the case of the People v.

Pike v. New York State Division of Parole

148 Misc. 2d 331 · New York Supreme Court · Sep 10, 1990

The Appellate Board of the Division of Parole subsequently affirmed the decision. … (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69 ; Matter of Harris v New York State Bd. of Parole, 114 AD2d 897 ; People ex rel. Yates v Walters, 111 AD2d 839 ; see, Correction Law § 805.)

Newton v. Lewis

118 Misc. 382 · New York Supreme Court · Apr 15, 1922

Philips v. Bury, 1 Ld. Raym. 5; Green v. Rutherforth, 1 Ves. Sr. 462. In the case of Murdock v. Visitors of Philips Academy, 24 Mass. 303, 322 , Chief Judge Parker referring to the case of Philips v. … (Chitty) 230; Eden v. Foster, 2 P. Wms. 325, 326; 3 Black. Comm. 48; Philips v. Bury, 2 T. R. 346, 352.

People v. New York & Staten Island Ferry Co.

49 How. Pr. 511 · New York Supreme Court · Jun 15, 1875

By an act of the legislature of this state, passed March 30, 1855 (chapter 121, Laws of 1855), a board of five commissioners was created, as declared in the title thereof, “for the preservation of the harbor of New York from … the question is presented as if the king and parliament had concurred in the grant, as the patent to Gore issued under and by virtue of an act of the legislature, and this distinction is well recognized (See opinion of Brown

Jones v. Butler

31 N.Y.S. 401 · New York Supreme Court · Dec 10, 1894

BROWN, P. J. The questions raised by the demurrers in this action were decided by this general term adversely to the defendant’s contention in Jones v. Publishing Co. (Sup.) 30 N. Y. Supp. 335 . … Kniering v. Lennon (Com. Pl. N. Y.) 22 N. Y. Supp. 775 ; Thompson v. Stanley (Sup.) Id. 897. There is a conflict of authority on this question, but we approve the ruling in the cases cited.

Bell v. Weisser

35 Misc. 2d 377 · New York Supreme Court · May 29, 1962

Application for an order pursuant to article 78 of the Civil Practice Act reviewing and annulling a determination of the respondent Board of Appeals of the Village of Great Neck Estates, wherein a variance was denied the … Clearly, in view of the foregoing provisions of the ordinance and guided by such decisions as Matter of Chasanoff v. Silberstein (6 N Y 2d 807); Matter of Ferryman v. Weisser (3 A D 2d 674) and Matter of Fina Homes v.

Lewin v. LaGuardia

175 Misc. 165 · New York Supreme Court · Jul 2, 1940

Matter of Wingate v. McGoldrick ( 279 N. Y. 246 ); Matter of Hetherington v. McGoldrick (Id. 687); Matter of Rosenthal v. … Matter of Danker v. Board of Health ( 266 N. Y. 365 ), one of the cases relied upon by the petitioners, is not expressive of an opposite view.

Larkin v. Metropolitan Life Insurance

28 Misc. 2d 451 · New York Supreme Court · Feb 15, 1961

Corp. v. Riso & Sons Bldg. Co., 27 N. Y. S. 2d 845 ; Costa v. Callanan Road Improvement Co., 15 Misc 2d 198 ). … In the prior proceeding by defendants against the Board of Estimate, which resulted in an order directing the board to permit the increase applied for (Matter of Stuyvesant Town Corp. v. Impellitteri, N. Y. L.

Warshaw v. Jacobs

16 Misc. 2d 844 · New York Supreme Court · Jan 22, 1959

(Matter of Diocese of Rochester v. … of Clark v.