Case law

Murphy v. Delaney

179 Misc. 436 · New York Supreme Court · Jan 5, 1943

Ajas v. Board of Education, 104 App. Div. 162 ; Bentley v. Jeacock, 14 N. Y. S. 2d 366.) The denials contained in the answer are perfunctory and raise no triable issue of fact. … The Board of Transportation is authorized to fix the wages of its employees. (Matter of Colbert v. Delaney, 249 App. Div. 209 ; affd., 273 N. Y. 626 .)

McCoy v. McClarty

53 Misc. 69 · New York Supreme Court · Feb 15, 1907

Van Keuren v. Board of Town Auditors, 74 N. … People v. Barnes, 114 N. Y. 317 ; People v. Vanderpoel, 35 App. Div. 73 ; People v.

Sybron Can. Holdings, Inc. v. Niznick

New York Supreme Court · Mar 3, 2017

Lupak v Simons , 1995 WL 5633 at 13 (Sup. … Ct. 1995), citing Dice v Akron C & YR Co. , 342 US 359, 362 (1952); see also, Powell v Adler , 128 AD3d 1039 , 1040 (2d Dept 2015) ("A signed release 'shifts the burden of going forward . . . to the [plaintiff] to show that

Greaney v. Poston

77 Misc. 2d 884 · New York Supreme Court · Mar 1, 1974

upon a member of the board or the clerk of the board within four months after the determination to be reviewed became final upon the petitioner OCPLR 304, 403, subd. … [c]; 311, subd. [7] ; 217; Matter of Reid v. Nyquist, 65 Misc 2d 718 ).” (And, see, Matter of Pasternack v. Nyquist , Albany Spec. Term, Feb. 22, 1974.)

People v. Harris

187 Misc. 2d 591 · New York Supreme Court · Mar 12, 2001

the Parole Board (CPL 390.50 [3]; People v Wright, 206 AD2d 337, 338 ). … In the present case, defendant merely states that he will be appearing shortly before the Parole Board. He does not state that he has been notified of an upcoming Parole Board hearing.

Weinstein v. Burns

20 Misc. 2d 362 · New York Supreme Court · Oct 15, 1959

The petitioner requests a review and annulment, pursuant to article 78 of the Civil Practice Act, of the determination of the Town Board on July 7, 1959 wherein the Town Board gave the petitioner permission to use his premises … (Linn v. Town of Hempstead, 10 Misc 2d 774, 775, 782 ; Rodgers v. Village of Tarrytown, 302 N. Y. 115, 121 ; see, also, Wiggins v. Town of Somers, 4 N Y 2d 215, 218, 219.)

Duran v. New York City Health & Hospitals Corp.

182 Misc. 2d 232 · New York Supreme Court · Oct 5, 1999

(Jasopersaud v Tao Gyoun Rho, 169 AD2d 184, 187 , quoting Rubenstein v Columbia Presbyt. Med. Ctr., 139 Misc 2d 349, 352 .) … Next, one would choose the file entitled ABMS Board Certified Physicians. From the ABMS file one would pick instruction <=1> to conduct a full text search.

Riley v. Suydam

4 Barb. 222 · New York Supreme Court · Sep 4, 1848

(See also Curtis v. Ingraham, 2 Verm. Rep. 289 , and Fenner v. Lewis, 10 John. 38 .) In Anderson v. … In Clifford v.

Eisenberg v. Strasser

1 Misc. 3d 299 · New York Supreme Court · Aug 18, 2003

Richman testified that Board of Elections clerks reviewed the Eisenberg petition and referred 10 specifications of objections to the Board for review. … 385 [2001], quoting Matter of Gallagher v Dinkins, 41 AD2d 946, 947 [1973]; Thompson v Karben, 295 AD2d 438, 439 [2002]).

Vacheron v. City of New York

34 Misc. 420 · New York Supreme Court · Apr 15, 1901

The audit like the judgment is binding on both parties, and cannot be attacked collaterally (Osterhoudt v. Rigney, 98 N. Y. 222 ; Albrecht v. County of Queens, 84 Hun, 399 ). … The care of the roads was an administrative duty to be performed by each successive board during its existence. An existing board could not perform that duty for its successors. Judgment for the defendant.

Tiedemann v. Tiedemann

94 Misc. 449 · New York Supreme Court · Mar 15, 1916

The authorities cited are: Tait v. Tait, 3 Misc. Rep. 218 , an action to annul for fraud in procuring the marriage; McCarron v. … Thus in Brown v. Brown, 153 App.

Ultecht v. Allen

53 Misc. 390 · New York Supreme Court · Mar 15, 1907

said board to revoke an order made by a former board of fire commissioners of said city, in ¡November, 1906, disbanding the said fire company, and to restrain the present board from giving a hearing upon the said petition … Healey v. Fire Commissioners, 27 App. Div. 530 , cited by plaintiffs’ counsel, is not an authority for the relief asked in this action.

Steinberg v. Donovan

45 Misc. 2d 432 · New York Supreme Court · Feb 15, 1965

Moser, a former member of the local School Board, submitted in reply, does not refute any of respondents’ statements. In Matter of Addabbo v. … Other variations of the pairing plan have been upheld (Matter of Strippoli v. Bickal, 21 A D 2d 365; Morean v. Board of Educ. of Montclair, 42 N. J. 237; Fuller v. Volk, 230 F.

Buffalo & Jamestown Railroad v. Clark

29 N.Y. Sup. Ct. 359 · New York Supreme Court · Oct 15, 1880

Wilson, 2 Hill, 153 ; Hamilton & Deansville Plank Road Co. v. Rice, supra; Reformed Protestant Dutch Church v. Brown, 29 Barb., 335 ; Buffalo & New York City R. R. Co. v. Dudley, 14 N. Y., 336 ; Buffalo & Pittsburgh R. … Co. v. Hatch, 20 Id., 157.)

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

Moriarity v. Kennedy

20 Misc. 2d 593 · New York Supreme Court · Sep 21, 1959

Since the Board of Estimate exercises the powers vested in the City of Now York (Nappi v. La Guardia, 295 N. Y. 652 ; Matter of McCarthy v. La Guardia, 283 N. Y. 701 ; Matter of Lewin v. La Guardia, 287 N. … The case of Matter of Luboil Heat & Power Corp. v.

Green v. Compton

41 Misc. 21 · New York Supreme Court · Jun 15, 1903

for by the president or any three members of the board; three members of the board, including the president, are a quorum for the transaction of business. … Compton, deceased, owns 2,525 shares, or a majority of the capital stock, and that the defendants Gould and the trustees Alexander V.

Gruberg v. Henry

5 Misc. 2d 223 · New York Supreme Court · Dec 28, 1956

Upon the board’s denial of the relief sought in the application, this proceeding was instituted. … He is not authorized to issue a permit in violation of the ordinance (Matter of Gordon v. Board of Appeals of the City of Schenectady, 131 Misc. 346 ).

Niagara Falls Suspension Bridge Co. v. Bachman

4 Lans. 523 · New York Supreme Court · Sep 15, 1871

(Higgins v. Reynolds, 31 N. Y., 151 .) … (Cook v. Nellis, 18 N. Y., 126 ; Pugsley v. Kesselburg, 7 How. Pr., 402 ; Wiggins v. Tallmadge, id., 404 ; Brown v. Brown, 6 id., 320.)

Nevins, Inc. v. Boland

167 Misc. 428 · New York Supreme Court · Feb 3, 1938

The question proposed by this motion is analogous to that raised in several matters recently decided by the Supreme Court of the United States (Myers v. Bethelem Shipbuilding Corporation, Myers v. MacKenzie, 303 U. … Support is found for this contention especially in Newport News Shipbuilding & Dry Dock Company v. Schauffler and United States v. Illinois Central R. Co. ( 291 U. S. 457, 463 ).