Case law

People v. De Rosa

67 Misc. 2d 150 · New York Supreme Court · Oct 28, 1970

v. … The theory underlying the theme in the Browne case (supra) was eventually adopted, stare decisis, in People ex rel. Kaminsky v. Silberglitt ( 30 Misc 2d 813 ) and in People v. Baum (16 A D 2d 716).

Eaton v. Allen

1 Misc. 2d 496 · New York Supreme Court · Feb 2, 1956

The board of education shall thereupon within twenty-four hours tabulate and declare the result of the ballot.” … Y., at pp. 389-390; see Surace v. Danna, 248 N. Y. 18, 21 ; People v. Santoro, 229 N. Y. 277, 281-282 .) ’ (Matter of United Press Assns. v. Valente, 308 N. Y. 71, 83-84 .)”

Hicks v. Haight

171 Misc. 151 · New York Supreme Court · Mar 31, 1939

(Hornstein v. Podwitz, 254 N. Y. 443 ; Campbell v. Gates, 236 id. 457 ; Lamb v. Cheney & Sons, 227 id. 418.) … In Said v. Butt (L. R. [1920] 3 K.

Village of St. Johnsville v. New York Central Railroad

3 Misc. 2d 264 · New York Supreme Court · Nov 8, 1955

On July 5, 1929 the Village Board passed a resolution accepting the application and on October 10,1929 said board again accepted said application and authorized and directed the president of said board to enter into a written … A written contract was drawn by the plaintiff’s attorney and executed on behalf of the plaintiff by the president of the Board of Water Commissioners.

In re Geary

80 Misc. 2d 963 · New York Supreme Court · Mar 12, 1975

Sheehan v Delaney ( 182 Misc 57 ) involved a CPLR article 78 proceeding to compel reinstatement of petitioner to his job as a bus maintainer in the Board of Transportation. … (O’Shea v Martin, 34 Misc 2d 987, 989 .)

Mills v. Albany Exchange Savings Bank

28 Misc. 251 · New York Supreme Court · Jun 15, 1899

Hinsdale v. Bank of Orange, 6 Wend. 379 (see note); Blade v. Noland, 12 Wend. 173 ; Pintard v. Tackington, 10 Johns. 103 ; Rowley v. Ball, 3 Cow. 303 ; Des Arts v. Leggett, 5 Duer, 156 ; S. C., 16 N. Y. 582 ; Wright v. … Y. 58 ; Allen v. Williamsburgh Savings Bank, 69 N. Y. 314 ; Beaver v. Beaver, 53 Hun. 258 ; McCaskill v. Connecticut Savings Bank, 60 Conn. 300 ; 25 Am. St. Rep. 323 .

Reeve v. O'Dwyer

199 Misc. 123 · New York Supreme Court · Jun 23, 1950

(Masch v. City of New York, 270 App. Div. 182 .) … made a party defendant and those in which “ its officers, boards or departments ’ ’ are named defendants.

Livery Owners Coalition v. State Insurance Fund

152 Misc. 2d 905 · New York Supreme Court · Feb 28, 1992

The Workers’ Compensation Board is the government agency which enforces the Workers’ Compensation Law. … The court must uphold a reasonable interpretation of the legislation by the agency (see, Golden v Clark, 76 NY2d 618 [1990]; Maresca v Cuomo, 64 NY2d 242 [1984]).

Sardo v. County of Dutchess

53 Misc. 2d 603 · New York Supreme Court · Jan 12, 1967

It is thus clear that such due authority has been conferred upon the Board of Supervisors. … Whether the particular exercise here proposed is provident and essential are judgments wholly within the competence of the Board of Supervisors. As was stated in Kaskel v. Impellitteri ( 306 N.

McCoy v. Gas Engine & Power Co.

71 Misc. 537 · New York Supreme Court · Apr 15, 1911

Central Trust Co. v. Stillings, 136 App. … Moses v. McDivitt, 88 N. Y. 62 .

People v. Mitchell

59 Misc. 2d 15 · New York Supreme Court · Mar 12, 1969

(Stovall v. Denno, supra; People v. Ballott, 20 N Y 2d 600; People v. Brown, 20 N Y 2d 238.) … Code, tit. 28, § 2254; Fay v. Noia, 372 U. S. 391, 435 [1963]; Brown v. Allen, 344 U. S. 443, 448 [1953].) I clearly state here that the defendant’s available State remedy is by way of perfecting his pending appeal.

Lutfy v. Gangemi

78 Misc. 2d 191 · New York Supreme Court · Aug 12, 1974

The Board of Elections invalidated these candidacies for all but one election district per person. … However, the court did permit the candidate there involved to remain as a candidate in one election district, as the Board of Elections did in the instant case.

Harris v. Averick

24 Misc. 2d 1041 · New York Supreme Court · Mar 23, 1960

therefor and that any action instituted by the present board would be friendly to the alleged malefactors and hostile to the subject corporation, Hoffman Machinery. … Suffice it to say that, in the light of the well-established guide rules for the analysis of a pleading on a motion of this character (Cathedral Estates v. Purdy, N. Y. L. J. March 4, 1960, p. 14, col. 2, citing Sage v.

People v. Way

147 Misc. 2d 821 · New York Supreme Court · May 24, 1990

The brown paper bag, when examined, was found to have in it 450 empty jumbo vials packaged in light cardboard trays and 5 packages containing 498 caps. … As Officer Kent walked toward the driver, he was entitled to see the open brown paper bag of vials in plain sight on the back seat of the vehicle. (People v Brosnan, 32 NY2d 254, 257 .) His inquiries were also proper.

Huber v. Ruby

188 Misc. 1001 · New York Supreme Court · Feb 10, 1947

I think not for two reasons: First, because a renewal clause in a lease is binding for but one renewal only (Burns v. City of New York, 213 N. Y. 516 ; Brown, W., H., V. & Co., Inc., v. … Bank v. Gigliotti Motor Sales, 162 Misc. 468 ).

In re the New York Juvenile Asylum

36 Misc. 633 · New York Supreme Court · Dec 15, 1901

Inebriates’, Home v. Comptroller, 152 N. … New York *635 Inst, for Blind v. Fitch, 154 N.

People v. Anderson

28 Misc. 3d 289 · New York Supreme Court · May 3, 2010

Freisatz compared the fingerprint card from Benjamin Anderson’s arrest under this indictment with the arrest fingerprint cards on file for Anthony Brown, arrest No. *292 M91110621 and Tony Brown, arrest No. M85107280. … M0565024, with the original fingerprint cards from the arrest of Anthony Brown for arrest No. M91110621, and the original fingerprint card from the arrest of Tony Brown for arrest No. M85107280.

In re the Estate of Brown

36 N.Y. Sup. Ct. 412 · New York Supreme Court · Mar 15, 1883

Y., 42 ; Scott v. Guernsey, 48 id., 106 ; Lawrence v. Hebbard, 1 Bradf., 252 ; Bowne v. Under hill, 4 Hun, 130 ; Coles v. Brown, 4 Sandf. … (Scott v. Guernsey, supra.)

In re Flanagan

169 Misc. 646 · New York Supreme Court · Oct 19, 1938

Feeny v. Board of Canvassers, 156 N. Y. 36 .) If Davide is thus disenfranchised, it is not because of any failure by an administrative officer to perform his functions. … As a matter of fact, it can be stated that no board of inspectors was functioning at the time.

In re Buckley

137 Misc. 594 · New York Supreme Court · Jul 24, 1930

Werner v. Prendergast, 206 N. Y. 405 ; Bullock v. Cooley, 225 id. 566; People ex rel. Lewis v. Graves, 219 App. Div. 233 .) … Co. v. City of Buffalo, 123 App. Div. 141 ; People ex rel. Holtzmann v. Ciiy of Schenectady, 136 id. 127.) The legislative body which grants authority has the power to withdraw that authority.