Case law

Fort v. Cummings

36 N.Y.S. 36 · New York Supreme Court · Dec 3, 1895

This same contention was made in the case of People v. Board of Sup’rs of Westchester Co., 139 N. Y. 524 , 34 N. … Railroad Co. v. Anderson, 3 Abb. N. C. 437 ; People v. Banks, 67 N. Y. 569 ; People v. Petrea, 92 N. Y. 128 ; People v. Board of Sup’rs of Westchester Co., 129 N. Y. 524 , 34 N. E. 1106 .

De Matteo v. O'Connell

11 Misc. 2d 28 · New York Supreme Court · Aug 21, 1957

(Matter of Larkin Co. v. Schwab, 242 N. Y. 330 ; Matter of Ormsby v. Bell, 218 N. Y. 212, 216 ; People ex rel. Peixotto v. Board of Educ., 212 N. Y. 463, 466 ; Matter of Stanton v. … Board of Educ., 190 Misc. 1012, 1016 .) ” (Matter of Hooker v. Conte, 208 Misc. 188, 191 .) One fact alone could defeat the petitioner’s application.

People ex rel. Bettram v. Flynn

55 Misc. 22 · New York Supreme Court · Jun 15, 1907

Duntz v. … People v. Adams, 176 N. Y. 351, 363 . The writ will be dismissed. Writ dismissed.

Leaks v. Gill

123 Misc. 2d 342 · New York Supreme Court · Mar 2, 1984

Subsequent thereto, on March 7, 1983, the respondent filed with the Board of Elections a nominating petition for election to the District 17 Community School Board, which election was to be held on May 3,1983. … (Matter of Gregory v Board of Elections, 93 AD2d 894 , affd 59 NY2d 668 .)

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.

Miller v. City of New York

39 Misc. 2d 424 · New York Supreme Court · Jun 4, 1963

(Feder v. … (Mehlman v.

Terry v. Fargo

10 Johns. 114 · New York Supreme Court · Jan 15, 1813

that the plain~ tiW's declaration equally embraced the demand in this shape~ The point on which reliance seems to be placed is, that the plaintiff below obtained a warrant, upon his own oath, and the court, in the case of Brown … v.

Ives v. South Buffalo Railway Co.

68 Misc. 643 · New York Supreme Court · Sep 15, 1910

Justice Brown of the Supreme Court of the United States, writing the opinion of the court in Holden v. Hardy, 169 U. … Co. v. Zernecke, 183 id. 582.

People ex rel. Weatherwax v. Watt

115 Misc. 120 · New York Supreme Court · Apr 15, 1921

Justice Brown in Public Service Commission v. Hurtgan, 91 Misc. Rep. 432 , in which, at page 435, he graphically outlines the cases in which a license must be obtained. Mr. … Brown v. Kennedy, 102 Misc.

New York State Ass'n of Nurse Anesthetists v. Novello

189 Misc. 2d 564 · New York Supreme Court · Nov 25, 2001

Indeed, under applicable provisions of the EL (Education Law) and the PHL (Public Health Law), there is no authority pursuant to which the department, SED (State Education Department), the Board of Regents, the State Board … In deciding how much weight to give to the Commissioner’s Guidelines the board members will have to be mindful of Public Health Law § 230 (3) which provides, “Any member may be removed from the board at the pleasure of the

Town of North Hempstead v. White

1 Misc. 2d 228 · New York Supreme Court · Jul 13, 1955

(Vivien v. Board of Educ. Retirement System, 30 N. Y. S. 2d 73; Matter of Armitage v. Board of Educ., 122 Misc. 586 .) … (Matter of Finnegan v. Cohen, 177 Misc. 142, 143 , affd. 262 App. Div. 955 ; see, also, Surace v. Danna, 248 N. Y. 18, 21 ; Matter of Zinn, 185 Misc. 604 , and Goldner v. Savenue Realty Corp., 199 Misc. 561.)

In re the Arbitration between New York Central Railroad & Erie Railroad

30 Misc. 2d 362 · New York Supreme Court · Jan 18, 1961

The claims were directed against Central and Erie was not permitted by the board to appear in opposition. On June 30, 1948, the board made an award in favor of the claimants, which Central paid. … The board’s decision created no new relationship. That only Central and not Erie was permitted to oppose the initial claims before the board is irrele *366 vant to a disposition of the issue before me.

Rothrock Syosset, Inc. v. Kreutzer

3 Misc. 2d 64 · New York Supreme Court · Mar 1, 1956

The board of commissioners of every water district in the county of Nassau shall have the following powers in addition to all other powers now or hereafter conferred on such board by any general or special laws: * # * “(c … Nicholas Cathedral v. Kedroff, 302 N. Y. 1, 31 .)

O'Shea v. Hanse

3 Misc. 2d 307 · New York Supreme Court · Nov 16, 1955

R 1447, 1457).” *312 In Carpenter v. … (Kaskel v. Impellitteri, supra, p. 78 .) The courts “ cannot run the affairs of the village for it. The village board is responsible to the electors for the exercise of powers granted.” (Kelly v. Merry, 262 N.

People v. Peetz

4 Misc. 3d 597 · New York Supreme Court · Jun 7, 2004

Dept 1980] [defendant has “clear legal right to review pre-sentence reports for the purpose of preparing briefs and for use before the Parole Board”]; People v Bonizio, 147 Misc 2d 1050 [Sup Ct, NY County 1990].) … (See Matter of Shader v People, 233 AD2d 717 [3d Dept 1996]; see also Matter of Kilgore v People, 274 AD2d 636 [3d Dept 2000]; Matter of Hoyle v People, 274 AD2d 633 [3d Dept 2000].)

Van Steenbergh v. Kortz

10 Johns. 167 · New York Supreme Court · May 15, 1813

The statute (sess. 31. c. 204. s. 21.) directed the attachment to issue “ on application, and satisfactory proof being offered by the creditor,” and according to wíjaí *171 was said by this court in Brown v. … (The King v. Sergeant and Annis, 1 Vent. 181. King v. Wright, 1 Sid. 148.) The motion by the defendant for a new trial, qught therefore to foe denied. See Terry v. Fargo, ante, 11 &c. V.

Turel v. Delaney

171 Misc. 962 · New York Supreme Court · Aug 7, 1939

(Matter of Colbert v. Delaney, 249 App. Div. 209 ; affd., 273 N. Y. 626 .) … Moorhead and his staff is not lodged in the board, but that Dr. Moorhead is, as to the work provided for in the contract, an independent contractor. (Standard Oil Co. v. Anderson, 212 U. S. 215 ; Hoffman Bros. v.

Nolan v. New York City Housing Authority

199 Misc. 599 · New York Supreme Court · Jun 29, 1950

I see nothing in McGrail v. City of New York (supra), Campbell v. City of New York (supra) or Matter of Hoof v. … The authority, not the board of estimate, is to fix the compensation.

People v. Perkins

161 Misc. 2d 502 · New York Supreme Court · Jun 2, 1994

(People v Brown, 70 NY2d 857 [criminal possession of stolen property is not a lesser included offense of *505 robbery].) … Particularly in light of People v Brown (supra), which was decided subsequent to Williams , this court squarely disagrees with the Williams decision.

Hall v. Fowler

6 Hill & Den. 630 · New York Supreme Court · Jul 15, 1844

(Browne v. Carr and others, 2 Russell’s Rep. 600, 7 Bing. 508, S. C. ; Langdale v. Parry, 2 Dowl. & Ryl. 337.) Even special bail are not discharged by the certificate of the principal, after they have become .fixed. … (Woolley v. Cobbe, 1 Burr. 244; Mannin v. Partridge, 14 East, 598; Theob. Pr. & Bur. 207; Eden On Bankr. 415.)