Case law

Knights of Columbus v. Weaver

121 Misc. 2d 914 · New York Supreme Court · Dec 6, 1983

Additionally, petitioners have alleged generally acceptable grounds for challenging the propriety of a decision by a zoning board of appeals, namely, property depreciation and traffic congestion (e.g., Daly v Eagan, 77 Misc … 2d 279 ; Matter of Mueller v Anderson, 60 Misc 2d 568 ).

In re Merkel, Inc. Monarch Marking System Co.

45 Misc. 2d 753 · New York Supreme Court · Mar 10, 1965

Browning, 210 N. Y. 10 ). … Browning, supra; Gardner v. Town of Cameron, 155 App. Div. 750 , affd. 215 N. Y. 682 ; Ohl & Co. v. Standard Steel Sections, Inc., 179 App. Div. 637 ; Equitable General Providing Co. v. Eisentrager, 34 Misc. 179 ).”

McMartin v. Taylor

2 Barb. 356 · New York Supreme Court · Jan 4, 1848

The reporter however adds, on the authority of some of the English cases, and Bates v. Conklin, ( 10 Wend. 389, 392 .) and per Thompson, J., in Brown v. Howard, ( 14 John. … In *359 Brown v.

People ex rel. McConville v. Hills

1 Lans. 202 · New York Supreme Court · Jun 15, 1869

(Commonwealth v. Dearborn, 15 Mass. 125 ; The King v. … It is, that each member of the board of directors shall have a direct pecuniary interest in the welfare of the road. Under the act of 1867, the city may chose a majority of the board.

Neuman v. Cornwall Central School District

138 Misc. 2d 429 · New York Supreme Court · Feb 2, 1988

In view of the claimed unconstitutionality in "the application of the law” and deprivation of rights, this case was properly brought in. this court (see, Board of Educ. v Rickard, 32 AD2d 135 ; Primps v Board of Educ., 63 … Encounter, Inc., 42 NY2d 475, 479-480 ; Lighthouse Shores v Town of Islip, 41 NY2d 7 , 11; Henry v Suffolk Home Distrib., 118 AD2d 685 ).

Sullivan v. City of Syracuse

29 N.Y.S. 105 · New York Supreme Court · May 18, 1894

Galvin v. Mayor, 112 N. Y. 223 , 19 N. E. 675 ; Chisholm v. State (N. Y. App.) 36 N. E. 185 . … Gibbons v. Village of Phoenix (Sup.) 15 N. Y. Supp. 410 ; Goff v. Village of Little Falls (Sup.) 20 N. Y. Supp. 175 ; Sherman v. Village of Oneonta (Sup.) 21 N. Y. Supp. 137 . 3.

Kaufman v. City of New York

30 Misc. 2d 285 · New York Supreme Court · May 2, 1961

As the court said in the oft-cited case of Ohman v. Board of Educ. of City of N. Y. ( 300 N. … Mention should perhaps be made at this point of this court’s decision in Brooks v. Board of Educ. of City of N.

Long Island College Hospital v. New York State Department of Health

151 Misc. 2d 370 · New York Supreme Court · Jun 3, 1991

If the governing board appropriates resources in this manner, the board may nevertheless have the authority to rescind its action [and therefore] such appropriations should be treated as part of unrestricted funds.” … ([Emphasis added]; see also, Matter of Eden Park Health Servs. v Axelrod, 114 AD2d 721 ; Matter of Sigety v Axelrod, 107 AD2d 985, 987 , wherein the court in emphatic language stated "Respondent’s internal rules regarding

Sweet v. City of Buffalo

36 N.Y.S. 760 · New York Supreme Court · Dec 28, 1895

The filing of the claim with the city clerk was a presentation to the board. Murphy v. City of Buffalo, 38 Hun, 49 . … It would seem that this provision of the statute limits the time within which the board can, for such defect, reject a claim, and, as the consequence, that unless the objection is taken by the board within the 30 days, it

Wolf v. Wolf

109 Misc. 366 · New York Supreme Court · Nov 15, 1919

See, also, Kaufman v. Kaufman, 177 App. Div. 162, 165 ; Brown v. Brown, 153 id. 645; Berry v. Berry, 130 id. 53; Taylor v. Taylor, 63 id. 231, 234; affd., 173 N. Y. 266 ; Tiedemann v. Tiedemann, 94 Misc. … Rep. 449 ; McCarron v. McCarron, 26 id. 158, Tait v. Tait, 3 id. 218; Kerrison v. Kerrison, 8 Abb. N. C. 444 .

Miller v. Power

208 Misc. 728 · New York Supreme Court · Sep 2, 1955

In Matter of Phipps v. Power ( 206 Misc. 983 ), Mr. Justice Matthew M. … (Also, see, Corn v. Cohen, 49 N. Y. S. 2d 913, and Matter of Larson, N. Y. L. J., Oct. 10, 1949, p. 786, col. 5.)

In re the Arbitration between Teachers Ass'n & Board of Education

61 Misc. 2d 492 · New York Supreme Court · Nov 20, 1969

Ordinarily, 1 ‘ The court may not vacate the award because of a mistake of fact (case cited) or a ‘ perverse misconstruction ’ of law (case cited) ” (Agur v. … Prac., par. 7510.06; Korein v. Rabin, 29 A D 2d 351, 356).

People v. Gleason

18 Misc. 511 · New York Supreme Court · Nov 15, 1896

It then provides, in respect of cities (§ 12), that “ to insure the bipartisan character of such board or body of election officers,” “ each political party entitled to representation in such board or body ” shall- have the … Van Wyck v. Wheeler, 18 Hun, 540 , Matter of Mitchell, 81 id. 401, and like, cases, are not. applicable.

Hannigan v. Heffernan

187 Misc. 773 · New York Supreme Court · Sep 20, 1946

An official of the Board of Elections testified that he encountered great difficulty in securing personnel of the required calibre to man the election boards. … Hirsh v. Wood, 148 N. Y. 142, 146 .)

Kim v. Town of Orangetown

66 Misc. 2d 364 · New York Supreme Court · May 17, 1971

Board of Elections, 5 N Y 2d 66, 69 ; Wiggins v. Town of Somers, supra, pp. 218-219). … Grossman v. Baumgartner, 17 N Y 2d 345, 351-352 ; Matter of Davis v. Board of Elections, 5 N Y 2d 66, 70. Cf. United States ex rel. Williams v. Follette, 313 F. Supp. 269, 273 [S.D.N.Y., 1970]). .

Skibicki v. Diesel Construction Co.

56 Misc. 2d 955 · New York Supreme Court · May 26, 1967

(See Komar v. Dun & Bradstreet Co., 284 App. Div. 538 ; Conte v. Large Scale Development Corp., 10 N Y 2d 20; Naso v. Wates & Co., 21 A D 2d 679.) … Nestor v.

Rosenbaum v. Power

43 Misc. 2d 377 · New York Supreme Court · May 18, 1964

In Matter of Baum v. … Thus, in Matter of Orlando v.

Hutchinson v. Lawrence

67 How. Pr. 38 · New York Supreme Court · Mar 15, 1884

Brown ( 51 How. … appeals, and he should have resorted to the remedy provided for him within the board before he could ask a court of equity to interfere, upon the ground that an arbitration committee were prejudiced against him.”

Town of Gardiner v. Stanley Orchards, Inc.

105 Misc. 2d 460 · New York Supreme Court · Sep 30, 1980

The Town Board shall reverse a recommendation of the Planning Board with regard to waiver of requirements only by a vote of at least a majority plus one.” … Good summaries of the principles with regard to the constitutionality of consent requirements in zoning enactments can be found in Janas v Town Bd. of Town of Fleming ( 51 AD2d 473, 477-480 , supra) and Bashant v Walter (

Hastings Pavement Co. v. Cromwell

67 Misc. 212 · New York Supreme Court · Apr 15, 1910

The plaintiffs based their right to an injunction upon the .authority of Rose v. Low, 85 App. Div. 461 , while the defendants urged a decision in their favor upon the au *215 thority of Warren Brothers Company v. … Under such conditions neither the president, the local board nor the board of estimate and apportionment was called upon to permit bidding for smooth, noiseless, sheet asphalt pavement.