Case law

Mercer v. New York City Transit Authority

56 Misc. 2d 974 · New York Supreme Court · May 15, 1968

Div. 110, 113 ) it is stated: “ The right of the Legislature to proscribe judicial review of certain actions of administrative officers and boards is now well established (Switchmen’s Union v. Board, 320 U. … S. 297 ; Labor Board v. Cheney Lumber Co., 327 U. S. 385 ; Federal C. C. v. RCA Communications, 346 U. S. 86, 90 ; Matter of Schwab v. McElligott, 282 N. Y. 182 ).” The motions to dismiss the petition are granted.

Avey v. Town of Brant

145 Misc. 618 · New York Supreme Court · Nov 26, 1932

Wheeler, in Avey v. … (Deshong v. New York, 176 N. Y. 475 ; 48 C. J. 749, “ Payment.”)

Town of North Hempstead v. County of Nassau

32 Misc. 3d 809 · New York Supreme Court · Jun 17, 2011

(See Mahler v Gulotta at 713, citing Municipal Home Rule Law § 33 [1]; Torre v County of Nassau, supra; Korn v Gulotta, supra; Burke v Krug, supra.) … Municipal Home Rule Law § 11 (1) (g) precludes legislative bodies which are statutorily defined as “[t]he board of supervisors, board of aldermen, common council, council, commission, town board, board of trustees or other

Dorme v. Slingerland

12 Misc. 3d 815 · New York Supreme Court · May 1, 2006

of Educ., Commack Union Free School Dist. v Ambach, 70 NY2d 501, 508 [1987], cert denied sub nom. … Margolin v Board of Educ., 485 US 1034 [1988]). While an employee may proceed outside the grievance procedure when the agreement expressly so provides (see Tomlinson v Board of Educ. of Lakeland Cent.

Libby v. Rosekrans

55 Barb. 202 · New York Supreme Court · Apr 5, 1869

(Brown v. Frost, 10 Paige, 243 . Am. Ins. Co. v. Oakley, 9 id. 259 . McCotter v. Jay, 30 N. Y. Rep. 80. Gould v. Mortimer, 26 How. Pr. 167 .) … (Shedden v. Patrick, 28 Eng. Law & Eq. Rep. 56. Story's Eq.Jur. § 252. Dobson v. Pearce, 2 Kern. 156.)

In re Town of Brookhaven

78 Misc. 2d 499 · New York Supreme Court · Mar 19, 1974

Chamberlain v. Forrest, 96 N. Y. 544 ; Clark v. Norton, 49 N. Y. 243 ; Matter of Frances K. Powell, Inc. v. Board of Assessors, 53 Misc 2d 594 , affd. 30 A D 2d 639). … Bank v. Feitner, 191 N. Y. 88 ; People ex rel. Powell v. Supervisors of Nassau County, 54 Misc. 323 ; People ex rel. Brooklyn City R. R. Co. v. Board of Assessors of City of Brooklyn, 92 N.

United States Trust Co. v. Town of Ramapo

168 Misc. 2d 931 · New York Supreme Court · Jul 3, 1996

The application was denied and Bobov thereafter appealed to the Town Zoning Board of Appeals for a variance, advising the Zoning Board that the existing building would have to be demolished. … Central Hanover Trust Co., 339 US 306, 314 ; see also, Greene v Lindsey, 456 US 444 ; Schroeder v City of New York, 371 US 208 ; Walker v Hutchinson City, 352 US 112 ).

Hammer v. Veteran

86 Misc. 1056 · New York Supreme Court · Oct 16, 1975

(Matter of Ocean Hill-Brownsville Governing Bd. v Board of Educ., 23 NY2d 483 ; Albury v New York City Civ. Serv. Comm., 32 AD2d 895 , affd 27 NY2d 694 ; People ex rel. Gere v Whitlock, 92 NY 191 .) … (Matter of King Road Materials v Town Bd. of Town of Rotterdam, 37 AD2d 357 , affd 32 NY2d 890 ; People ex rel. Trustees of Vil. of Jamaica v Board of Supervisors, 131 NY 468 ; People ex rel.

Lecci v. Nickerson

63 Misc. 2d 756 · New York Supreme Court · Jul 28, 1970

(Board of Educ. of Union Free School Dist. v. Associated Teachers of Huntington, 62 Misc 2d 906, 916 .) In a case which is in point with the case at bar, Matter of Teachers Assn. v. Board of Educ., Cent. … Board of Educ. v.

Town of North Hempstead v. Levitt & Sons, Inc.

24 Misc. 2d 393 · New York Supreme Court · Nov 16, 1959

(People v. Miller, 304 N. Y. 105, 109 ; Matter of Harbison v. City of Buffalo, 4 N Y 2d 553, 563.) On the other hand, the town’s prayer for an injunction must be granted.' … (City of Yonkers v. Rentways, 304 N. Y. 499, 504 ; Matter of Tarnapal v. Board of Standards and Appeals, 270 App. Div. 857 ; Rapasadi v.

Bruno v. Meisser

7 Misc. 2d 1069 · New York Supreme Court · Sep 26, 1957

This is an application pursuant to section 330 of the Election Law in which the petitioner seeks an order directing the correction of alleged errors in the returns filed by the respondent Board of Elections and Board of Canvassers … (See Matter of Chapman v. Havens, 173 Misc. 959 ; Matter of Slater [Village of Afton], 180 Misc. 798, 799 ; Matter of Haskell v. Hannah, 188 Misc. 589, 591 .) The one vote cast for William A.

People v. Wood

7 N.Y.S. 712 · New York Supreme Court · Nov 15, 1889

Townsend v. Hendricks, supra; Wickham v. Frazee, 13 Hun, 431 ; Willard v. Doran, 1 N. Y. Supp. 345, 588 . … Untermyer v. Beinhauer, 105 N. Y. 524 ,11 N. E. Rep. 847; Camp v. Ingersoll, 86 N. Y. 433; Claflin v. Drake, 38 Hun, 144 ; Hyatt v. Roach, 52 How. Pr. 115 ; Kain v. Delano, 11 Abb. Pr. (N. S.) 36; Read v.

Wintringham v. Rosenthal

32 N.Y. Sup. Ct. 580 · New York Supreme Court · Dec 15, 1881

If Brown had failed to pay for it, the defendant got no better title than Brown had, but the defendant did not agree to pay the bank anything. The cases cited by plaintiff do not sustain the action. … The case of Rosevelt v. Brown (1 Ker., 148) only holds that as to debts the holder of the stock is a stockholder under the statute. *582 The case of the Rensselaer, etc., Plankroad v. Barton ( 16 N.

People v. City of Schenectady

186 Misc. 385 · New York Supreme Court · Mar 18, 1946

Kiehm v. Board of Education, 198 App. Div. 476 .) But even if this were not so, the exigency of the crisis with which the city was confronted would take the case from .out the operation of the statute. … (Kasitch v. City of Albany, 283 N. Y. 622 ; Rucker v. Board of Education, 284 N. Y. 346 ; Bush Terminal Co. v. City of New York, 259 N. Y. 509 ; Berryman v. Board of Education, 257 App. Div. 915 ; Mack v.

Bones v. Warden

77 Misc. 2d 617 · New York Supreme Court · Jan 8, 1974

(Fowler v. Vincent, 366 F. Supp. 1224 .) We find that the disciplinary board which heard the infractions was reasonably impartial insofar as such minimal impartiality may be reached within prison walls. … . *622 The negative factor to be noted regarding the composition of the disciplinary boards ,was the inclusion of Dolores Vallelloseras on those four boards on which she participated.

Balter v. Empire State Motion Picture Operators Union, Inc.

167 Misc. 430 · New York Supreme Court · Feb 15, 1938

It appears from the papers that, as a member of the union, he was elected to membership on the executive board of the union. … (Blek v. Kirkman, 148 Misc. 522 .) Civil Practice Act, section 1285, subdivision 4 (as added by Laws of 1937, chap. 526) requires the petitioner to exhaust all remedies, by appeal or otherwise, within his union.

People ex rel. McSpedon v. Stout

23 Barb. 349 · New York Supreme Court · Dec 20, 1856

The audit and allowance by the board of supervisors in cases where they are authorized to act is final and conclusive as to the amount to be paid. (People v. Supervisors of Queens Co. 1 Hill, 195 . Same v. … Neither can the *354 corporation or the board of supervisors assume and pay a debt not a legal obligation upon them. (Hodges v. City of Buffalo, 2 Denio, 110 . Halstead v. Mayor of New York, 3 Comst. 430.)

Davis v. City of New York

50 Misc. 2d 275 · New York Supreme Court · Apr 27, 1966

Co. v. Prendergast ( 220 N. Y. 725 ) and in People ex rel. Conners v. Board of Educ. of City of N. Y. ( 197 App. Div. 5,11 [1st Dept.]). In Williams v. … The bid was invalid when made and no subsequent action by that board or by any other board could breathe into it the breath of Ufe.

Ward v. Green

6 Cow. 173 · New York Supreme Court · Aug 15, 1826

The case of Boucher v. Lawson, (Rep. Temp. Hardw. 83, 183, Abb. on Sh. 119, S. … In the case of King v.

Baker v. Dodd

75 Misc. 2d 887 · New York Supreme Court · Oct 3, 1973

(Cox v. Katz, 30 A D 2d 432, affd. 22 N Y 2d 903, cert. den. 394 U. S. 919 ; Matter of Adler v. Board of Elections of Westchester County, 57 Misc 2d 696 .) … (See, e.g., Matter of Smith v. Board of Trustees of Vil. of Fort Edward, 1 A D 2d 908, affd. 1 N Y 2d 690; cf. Matter of Jawitz v. Dodd, 42 A D 2d 617.)