Case law

Town of Onondaga v. Central School District No. 1

56 Misc. 2d 26 · New York Supreme Court · Jan 24, 1968

It has long been established that a board of education or school district is a branch of State government charged by the State with the local administration of its educational system (Ham v. Mayor, 70 N. … Y. 459 ; Ackley v. Board of Educ., 174 App.

Lowman v. Elmira, C. & N. Railroad

32 N.Y.S. 579 · New York Supreme Court · Feb 15, 1895

Foundry Co. v. Hersee, 103 N. Y. 25 , 9 N. E. 487 . … In that case one Brown was the general guardian of an infant who was a residuary legatee in a will of which Brown was executor.

Rammar Associates, Inc. v. Incorporated Village of Westbury

59 Misc. 2d 875 · New York Supreme Court · Jun 5, 1969

In Udell v. … In De Sena v.

M'Lean v. Hugarin

13 Johns. 184 · New York Supreme Court · May 15, 1816

In the case of White and Hall v. Hawn, (5 Johns. Rep. 351.,) this court decided that parol evidence of a former trial was inadmissible. In Posson v. Brown, (11 Johns.

People ex rel. Hanover Bank v. Commissioners of Taxes & Assessments

37 Barb. 635 · New York Supreme Court · Oct 22, 1862

Hoyt, v. The Com’rs of Taxes, ( 28 N. Y. … v.

Sedacca v. Mangano

27 Misc. 3d 414 · New York Supreme Court · Feb 4, 2010

“However, in the case of Galli v. … “In all six situations the former appointees were appointed to [the] office of the Town Board for definite terms of office (see Newman v. Strobel, 236 App.Div. 371 , 259 N.Y.S. 402 ).

Stein v. Power

50 Misc. 2d 396 · New York Supreme Court · May 16, 1966

by the Board of Elections on April 28, 1966 at 9:22 a.m. … Board of Elections.

Heller v. Seltzer

188 Misc. 574 · New York Supreme Court · Jan 17, 1947

The situation is, therefore, fairly analogous to that which obtained in Kitching v. Brown ( 180 N. Y. 414 ). … (See Forstmann v. Joray Folding Co., Inc., 244 N. Y. 22 ; McClure v. Leaycraft, 183 N. Y. 36 ; Trustees of Columbia College v. Thacher, 87 N. Y. 311 .)

Lindner v. Incorporated Village of Freeport

61 Misc. 2d 667 · New York Supreme Court · Nov 5, 1969

Matter of Winepol v. Town of Hempstead, 59 Misc 2d 768 ), advised plaintiff “ to stop the construction on this site before the building is started.” … Garden City Park, Water Dist., 21 A D 2d 832; Brunschwig v. Long Is. R. R. Co., 41 Misc 2d 24, 28 ; Matter of Blum v. O’Connor, 6 Misc 2d 641 ).

Watertown Improvement & Construction Co. v. City of Watertown

145 Misc. 398 · New York Supreme Court · Oct 15, 1932

Beaman v. Feitner, 168 N. Y. 360, 366 .) … Nechamcus v. Warden, 144 N. Y. 529 .) “ The principles ordinarily governing the interpretation of statutes command us to favor a construction which is most agreeable to reason and justice.” (People v. Ahearn, 196 N.

New York Central & Hudson River Railroad v. Warren

31 Misc. 571 · New York Supreme Court · May 15, 1900

Co. & Transfer Co. v. … The case of Brown v. N. Y. C. & H. R. R. R. Co., 75 Hun, 355 , arose in Niagara Falls upon an injunction obtained by a carriage owner, which carriages he used to transport passengers to the city of Niagara Falls.

Spinelli v. Burke

29 Misc. 2d 1051 · New York Supreme Court · May 5, 1961

(Matter of High v. Board of Educ., 169 Misc. 98 , affd. 256 App. Div. 1074 , affd. 281 N. Y. 815 .) This does not apply, however, to legal conclusions. … Realty Co. v. Walsh ( 203 App.

People v. Carratu

194 Misc. 2d 595 · New York Supreme Court · Jan 22, 2003

Lenz observed a white male, approximately 40 years old, with dark brown hair and a medium build, exit the red Nissan and go into the house. … (People v Ciaccio, 45 NY2d 626 [1978].)

In re Dowdall

138 Misc. 269 · New York Supreme Court · Oct 17, 1930

In Royal Grocery Co. v. Oliver ( 57 Cal. App. 278 ; 207 Pac. 61 ) a lease granted the lessee an option of renewal if he exercised it “ within ninety days prior to the expiration of this lease.” … S. v. Sena (15 N. M. 187; 106 Pac. 383, 385 ) a rule of the court reading “ at any time within twenty days before the first day of the term ” was construed as meaning “ at any time in not less than twenty days.”

Naples v. Carr

29 Misc. 2d 944 · New York Supreme Court · Oct 6, 1961

(See Matter of Bowes v. Board of Elections, 265 N. Y. 603 .) Such a nominating petition would be valid notwithstanding an irregularity in naming more than one committee to fill vacancies. (See Matter of Garside v. … (See Matter of Brady v. Board of Elections, 178 Misc. 797 .)

St. Lawrence County National Bank v. Watkins

76 Misc. 633 · New York Supreme Court · May 15, 1912

Fulton v. Varney, 117 App. Div. 572, 575 ; Browning, King & Co. v. Terwilliger, 144 id. 516, 519 Czerney v. Haas, 144 id. 430, 434. The note, in Fulton v. … That case was cited with approval in the case of Browning, King & Co. v.

Rego Properties Corp. v. Finance Administrator

102 Misc. 2d 641 · New York Supreme Court · Jan 14, 1980

In the past, the State board had as many as 17 classes (see 860 Executive Towers v Board of Assessors of County of Nassau, 43 AD2d 910 , supra), and occasionally listed certain types, such as apartments, as a separate category … (Matter of Slewett & Farber v Board of Assessors of County of Nassau, supra, p 646.)

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.

People ex rel. Todd v. Marsden

193 Misc. 952 · New York Supreme Court · Nov 20, 1948

(See People v. Johnson, 110 N. Y. 134 ; People ex rel. Loughlin v. Finn, 87 N. Y. 533 .) … Dinsmore v. Keeper of Penitentiary ( 125 App.

Five Towns YM & YWHA, Inc. v. Plaut

14 Misc. 2d 61 · New York Supreme Court · Jul 25, 1958

This is a proceeding brought by the petitioner under article 78 of the Civil Practice Act to review the May 21, 1958 determination of the Board of Appeals of the Village of Lawrence on the ground that the board abused its … Hilliard ( 75 Fla. 792 ); Boyden v. Roberts ( 131 Wis. 659, 672 ); Halsbury’s Laws of England (Vol. 5 [3d ed.], p. 252); Rex v. Cahoon (17 Ont. Wkly. Rep. 467, 468).