Case law

Suburban Club of Larkfield, Inc. v. Town of Huntington

56 Misc. 2d 715 · New York Supreme Court · Mar 28, 1968

The application was ultimately heard at a regular meeting of the Town Board on February 13, 1968. At the hearing, plaintiff was advised that the Board had not yet checked the legality of the proposed structure. … Co. v. Foley, 13 A D 2d 768).

Montgomery-Costa v. City of New York

26 Misc. 3d 755 · New York Supreme Court · Nov 4, 2009

Assn. v Board of Educ. … discretion of those responsible for administration of public schools]; Matter of Cole v Board of Educ., S.

Harris v. Coffey

14 Misc. 2d 916 · New York Supreme Court · Dec 20, 1957

The law determinative of the first question is set forth in Matter of Dubow v. Boss ( 254 App. … In Matter of Dubow v.

People ex rel. Baumann v. Lyon

77 Misc. 377 · New York Supreme Court · Jul 15, 1912

S., etc. v. C. C., etc., Co., 41 La. Ann. 355 ; Ball v. Vason, 56 Ga. 264—267, ¶ 3; Regina v. Gloucester, 5 Q. B. … See also Jones v. Borough of Carmarthan, 8 M. & W. 605, 614; Foster v. Goddard, 66 U. S. 506 ; Kane v. Schuylkill F. Ins. Co., 199 Penn. St. 205.

Elliott v. Teachers College

177 Misc. 746 · New York Supreme Court · Dec 15, 1941

(Elliott v. Teachers College, N. Y. L. J., June 12, 1941, p. 2643, per Shientag, J.) … Joseph’s Hospital v. Bennett, supra.)

Meyer & Steffens, Inc. v. Popolizzio

124 Misc. 2d 159 · New York Supreme Court · Apr 20, 1984

In my view, the board does have such authority. The board is not merely an agency performing a quasi-judicial function of resolving disputes among landlords and tenants. … , 28 NY2d 315 ; Matter of Vinson v Greenburgh Housing Auth., 29 AD2d 338 , affd 27 NY2d 675 ; Johnson v White Plains Urban Renewal Agency, 65 Misc 2d 293 ).

Elliot v. New York Cent. & Hudson River Railroad

6 N.Y.S. 363 · New York Supreme Court · Jun 22, 1889

If the ease of Elmore v. … At last they were on board train 59, which their tickets called for.

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).

Johnson v. Town of Haverstraw

102 Misc. 2d 923 · New York Supreme Court · Jan 17, 1980

In Guth Realty v Gingold ( 41 AD2d 479 , affd 34 NY2d 440 ), 860 Executive Towers v Board of Assessors of Nassau County ( 84 Misc 2d 525 , affd 53 AD2d 463 ) and Matter of Lawrence Investing Co. v Board of Review of Dept. … (Board of Comrs. of Excise of City of Auburn v Merchant, supra; People v Turner, 117 NY 227 , supra; People ex rel. Clark v Gilchrist, 243 NY 173, 185 .)

McManus v. United Fund of Long Island, Inc.

70 Misc. 2d 867 · New York Supreme Court · Jul 19, 1972

This resolution appeared in the annual report as presented and accepted by the board of trustees in January, 1971. … Div. 659 ; Traitel Marble Co. v. Brown Bros., 159 App. Div. 485 ; Lyon v. West Side Transfer Co., 132 App. Div. 777 ; Goldenberg v. Bartel Broadcasting Corp., 47 Misc 2d 105 .)

Foundation for a Greater Opportunity v. Smith

20 Misc. 3d 453 · New York Supreme Court · May 23, 2008

Agency v Roberts, 94 AD2d 532, 537 [1983], affd 63 NY2d 810 [1984]). … Here, the charter entity is the Board of Regents. .

Harry S. Goodman Productions, Inc. v. Collyer

24 Misc. 2d 640 · New York Supreme Court · Jul 12, 1960

In Garner v. Teamsters Union ( 346 U. … (San Diego Unions v. Garmon, 359 U.

Nostrand v. Durland

21 Barb. 478 · New York Supreme Court · Apr 8, 1856

In the case of Rogers v. … Brown, J., dissented. New trial denied. Brown, S. B. Strong and Rockwell, Justices.]

Fra-Nat Builders, Inc. v. Town of Oyster Bay

16 Misc. 2d 851 · New York Supreme Court · Feb 16, 1959

In Rodgers v. Village of Tarrytown ( 302 N. … Y. 115, 121 ; Shepard v. Village of Skaneateles, 300 N. Y. 115 , 118 ; Euclid v. Ambler Co., 272 U. S. 365, 388 ; Green Point Sav. Bank v. Board of Zoning Appeals of Town of Hempstead, 281 N. Y. 534, 538, 539 ).

Walentas v. Populizio

125 Misc. 2d 892 · New York Supreme Court · Aug 2, 1984

(Matter of Briar Hill Apts. v Conciliation & Appeals Bd., 44 AD2d 816 .) … (See Collingwood Enterprises v Gribetz, Supreme Ct, NY County, April 18, 1975, index No. 18192/73.)

Neary v. Allen

33 Misc. 2d 548 · New York Supreme Court · Jan 10, 1961

(Matter of Board of Educ. v. Wilson, 277 App. Div. 809 , 810, affd. 303 N. Y. 107 .) … (Matter of Board of Educ. v. Wilson, 303 N. Y. 107, 115 , supra; Matter of Board of Educ. v. Wilson, 286 App. Div. 654 , affd. 1 N Y 2d 793.)

Italian Hospitalization Society, Inc. v. State Department of Social Welfare

178 Misc. 183 · New York Supreme Court · Feb 25, 1942

After said hearing the Board adhered to its original determination of April 10, 1940. On April 15, 1941, the Board refused to" modify its original determination. … This court should not substitute its judgment for that of the Board where it clearly appears that there was no arbitrary or malicious exercise of power. (People ex rel. St. Albans-S. Corp. v. Connell, 257 N.

Bridge & Tunnel Officers Benevolent Ass'n v. Ravitch

105 Misc. 2d 924 · New York Supreme Court · Jun 20, 1980

Following that disapproval, the TBTA board took the position that it had the right to have the collective bargaining agreement determined by a legislative committee made up of members of the TBTA board (Civil Service Law, … Gold, 42 NY2d 311, 315 ; Matter of State of New York v King, 36 NY2d 59, 62 ).

Peer-A-Mid Builders, Inc. v. Coulter

27 Misc. 2d 660 · New York Supreme Court · Aug 18, 1960

Petitioner alleges that the said Village Board also constitutes the Water Board of the Village of Fayetteville and is in control of the sale an'd distribution of the water owned and sold by said village, which is a municipal … (Matter of Dexter Sulphite Pulp & Paper Co. v. Shaver, 183 Misc. 275 .)

People ex rel. Combs v. La Vallee

53 Misc. 2d 281 · New York Supreme Court · Mar 28, 1967

(People v. Combs, 19 A D 2d 639, cert. den. 385 U. S. 878 ; United States ex rel. Combs v. Denno, 231 F. Supp. 942 , affd. 357 F. 2d 809 , cert, den., 385 U. S. 872 .) … The case of People v.