Case law

Salzano v. Weaver

15 Misc. 2d 469 · New York Supreme Court · Jun 26, 1957

It was boarded up and remained vacant. On March 6, 1944 the then owners executed and delivered their deed to the property to the Lincoln Savings Bank of Brooklyn, in lieu of foreclosure. … Y. 869 ; Matter of De Rosa v. Weaver, 3 A D 2d 729; Matter of Paikoff v. McGoldrick, 280 App. Div. 996 ; Matter of Scott v. McGoldrick, N. Y. L. J., March 9, 1955, p. 8, col. 1; Matter of Zakheim v. McGoldrick, N. Y. L.

Mansfield v. Epstein

13 Misc. 2d 701 · New York Supreme Court · Oct 21, 1958

(See Matter of Tamney v. Atkins, 209 N. Y. 202, 206 ; see, also, Matter of Frankel v. Cheshire, 212 App. Div. 664, 670 ; see, also, Petito v. Heffernan, 115 N. Y. S. 2d 118, affd. 280 App. Div. 883 .) … (Matter of Vona v. Cohen, 150 Misc 649 , affd. 240 App. Div. 827 , affd. 262 N. Y. 706 .) Motion to intervene granted and petitions offered in evidence received.

Glassberg v. New York City Transit Authority

16 Misc. 2d 456 · New York Supreme Court · Oct 23, 1958

(Martin v. La Fonte, 53 N. Y. S. 2d, 415, 416.) … Div. 954 ; Goldenberg v. Zirinsky, 114 App. Div. 827 , cited with approval in Del Ra v. Vaughan, 2 A D 2d 156).

Koston v. Town of Newburgh

59 Misc. 2d 540 · New York Supreme Court · Apr 24, 1969

accede to the determination of the Town Board ”. … (Matter of Brewster-Mill Park Realty v. Town Board, supra, p. 468.) No such conclusion is warranted here.

Farley v. Mahoney

130 Misc. 2d 455 · New York Supreme Court · Oct 23, 1985

(Matter of DiLorenzo v Heffernan, 187 Misc 766 , affd 271 App Div 802 , affd 296 NY 687 , and cited as controlling in Matter of Fotopoulos v Board of Elections, 45 NY2d 807 ; cf. … (Matter of Goldstein v Carlsen, 59 AD2d 642 ; Matter of Flowers v Wells, 57 AD2d 636 .)

Barker v. Town of Oswegatchie

10 N.Y.S. 834 · New York Supreme Court · Jan 7, 1890

Y. 196 ; People v. Kenney, 96 N. Y. 294 ; People v. Briggs, 50 N. Y. 553 ; Harbeck v. Mayor, etc., 10 Bosw. 366 ; People v. Squires, 1 N. Y. St. Rep. 633. … Barto v. Himrod, 8 N. Y. 483 .

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 .)

Mann v. Town of Southold

44 Misc. 2d 978 · New York Supreme Court · Dec 23, 1964

The Justice of the Peace is a member of the Town Board of the Town of Southold, which Town Board enacted the zoning resolution, the subject of the prosecution. … It was there determined that the Justice of the Peace who was also a member of the Town Board, was not disqualified from presiding in the case as the Magistrate. (Also, see, People v. Kohl, 17 Misc 2d 320 .)

Passenger v. Thorburn

35 Barb. 17 · New York Supreme Court · Mar 5, 1860

Page v. Pavey, 34 Eng. Com. Law Rep. 628. Brown v. Edgington, 40 Eng. Com. Law Rep. 371.)

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.

In re McCarthy

119 Misc. 257 · New York Supreme Court · Sep 15, 1922

In Robinson v. Cooper, 62 Misc. … See Cox v. Stern, 170 Ill. 442, 445 . .

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

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.

Village of Hempstead v. Seymour

34 Misc. 92 · New York Supreme Court · Feb 15, 1901

Section 223 provides: “ If a proposition to establish a system of water works be adopted, the board of water commissioners shall proceed to construct such system accordingly,” and the section directs such board to prepare … See also Fulton County v. M. & W. R. R., 21 Ill. 338 ; McBryde v. City of Montesano, 34 Pac. Rep. 559 .

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.

Silberglied v. Mulrooney

150 Misc. 248 · New York Supreme Court · Jan 26, 1934

The rules adopted by the State Board pursuant to and within valid statutory authority are to be considered as the act of the State. (People ex rel. Knoblauch v. Warden, etc., 216 N. Y. 154 ; Matter of Stubbe v. … Co. v. Commissioners, 1 Ohio St. 77 .)” Again, in Lieberman 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.

Curcio v. Boyle

142 Misc. 2d 1030 · New York Supreme Court · Apr 18, 1989

In fact, weighted voting was one of the alternatives considered by the lower courts in the Board of Estimate case. (Morris v Board of Estimate, 647 F Supp 1463 , 831 F2d 384.) … (Board of Estimate v Morris, 489 US--, n 11, supra, 109 S Ct 1433, 1443, n 11 , supra.)