Case law

Donohue v. Cornelius

39 Misc. 2d 539 · New York Supreme Court · Feb 27, 1963

(Matter of Sloat v. Board of Examiners, 274 N. … (Matter of Lehrman v. Board of Examiners, 22 Misc 2d 348 ; Matter of Walker v. Board of Examiners, 22 Misc 2d 345 .)

Smith v. Floyd

18 Barb. 522 · New York Supreme Court · Oct 3, 1854

(Lawrence v. Barker, 5 Wend. 301 . Doane v. Eddy, 16 Id. 523. Ford v. Monroe, 20 Id. 210.) … Dean, Brown and Rockwell , Justices.]

Neil v. Wagner

27 Misc. 2d 1053 · New York Supreme Court · Dec 19, 1960

The law at times gives to an officer or board of the city plenary *1055 power to fix the salary or wages to he paid to city employees; at other times it places restrictions upon that power. … No officer or board can nullify that obligation by fixing wages at a lesser amount ’ ’. In Matter of Dinan v. Patterson ( 193 Misc. 92 , affd. 275 App.

Cutter v. Rathbun

3 Hill & Den. 577 · New York Supreme Court · Oct 15, 1842

(M’Brain v. Fortune, 3 Camp. 317.) I had occasion in Collins v. Young, ( 21 Wend. 400, 403 ,) to cite several cases by which this principle is followed out; and some in this court. In Marquand v. … (Broome v. Wooton, Yelv. 67 ; S. C. nom. Brown v. Wootton, Cro. Jac. 73 ; S. C. nom. Browne v. Wotton, Moor. 762.)

People ex rel. Office of Rent Administrator v. Mack

88 Misc. 2d 1027 · New York Supreme Court · Nov 30, 1976

In support of this contention defendants rely upon the case of Central Plains Co. v City of White Plains ( 48 AD2d 326 ). … Accordingly, the village board properly excluded the units from consideration in determining the vacancy rate for housing accommodations in the village. The motion for a temporary injunction is granted.

In re the Arbitration between Transport Workers Union of America, C.I.O., & Fifth Avenue Coach Co.

187 Misc. 247 · New York Supreme Court · Aug 8, 1946

Under the heading, “ One Man Operation Not An Issue ”, he relates the history of the dispute on that subject *250 and the abortive efforts by the Second Regional Board of the National War Labor Board in June and August, 1944 … ,. and the National War Labor Board in March and July, 1945, to adjust the differences.

Creery v. Holly

14 Wend. 26 · New York Supreme Court · Jul 15, 1835

The case of Barrett v. Rogers, 7 Mass. R. 297 , is an instance where explanation was admitted. … The judge admitted evidence as to the condition of goods when delivered on board, and stated to the jury that the bill was not conclusive upon the defendant that they were then in good order.

Goldberg v. Corcoran

136 Misc. 2d 213 · New York Supreme Court · Apr 16, 1987

Socy. v Dukakis, supra.) … (Fearon v Treanor, 272 NY 268, 274 ; see, Health Ins. Assn. v Harnett, supra.)

Bushwick Community Ass'n v. New York City Human Resources Administration

80 Misc. 2d 748 · New York Supreme Court · Jan 29, 1975

B.C.A., as one of these community action boards, is representative of the community which it serves, as envisioned by the foregoing statute, in that its board of directors is elected *750 at open neighborhood elections administered … In bringing this proceeding, however, plaintiff relies on the case of Brownsville Community Council v. Human Resources Admin. (Samarsky, J., N. Y. L.

Koffler v. Sugarman

69 Misc. 2d 141 · New York Supreme Court · Feb 17, 1972

Leo Brown, J. This is an article 78 proceeding to direct respondent to order an issuance of funds to obtain the release of petitioner’s furniture from storage. … II, § 233.120; Matter of Nazario v. New York City Comr. of Social Services, 37 A D 2d 630; Matter of Bates v. Wyman, 36 A D 2d 854; see, also, Matter of Howard v. Wyman, 28 N Y 2d 434.)

Squire v. Wing

35 Misc. 2d 287 · New York Supreme Court · May 29, 1962

Brown", J. Motion for an order under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the amended complaint on the ground that it does not state facts sufficient to constitute a cause of action. … The reference in plaintiff’s brief to Smith v. Barrow (2 Term Rep. 476), cited in Arnold v. Arnold ( 90 N.

Schachter v. Burns

24 Misc. 2d 60 · New York Supreme Court · Aug 3, 1960

On May 2, 1960 the Town Board approved an amendment of the declaration to permit the operation of “a bowling and recreation center ”. … (Matter of Summers v. Suozzi, 5 A D 2d 1005; Matter of Paliotto v. Cohalan, 6 A D 2d 886; Matter of Iraci v. Harwood, 6 A D 2d 815.)

Potter v. Arrington

11 Misc. 3d 962 · New York Supreme Court · Feb 6, 2006

AVT held a board of directors meeting on August 2, 2001, in which respondent Scott C. … Potter has consistently claimed that he was improperly removed from his position as a member of the board of directors on or about July 11, 2000, and that the board was consistently inappropriately controlled by respondents

Salerno v. Severino

37 Misc. 2d 777 · New York Supreme Court · Dec 24, 1962

(See Conte v. Large Scale Development Corp., 10 N Y 2d 20, 29.) There is no indication that the Board of Standards and Appeals intended rule 23-3.9 to be connected with or an appendage to section 241. … It becomes confusing only with respect to the rules adopted by the board.

Wile & Brickner Co. v. Rochester & Kettle Falls Land Co.

4 Misc. 570 · New York Supreme Court · Aug 15, 1893

Barr v. N. Y., L. E. & W. R. R. Co., 125 N. Y. 263 ; Skinner v. Smith, 134 id. 240, 242 ; Twin Lick Oil Co. v. Marbury, 91 U. S. 587 , 589 ; McGourkey v. T. & O. Ry. Co., 146 id. 536. … Co. v. Kneeland, 120 N. Y. 134 .

Stewart v. City Court

183 Misc. 155 · New York Supreme Court · Aug 21, 1944

(Matter of Hines v. State Board of Parole, 181 Misc. 274 .) Prior to 1884 a review in a criminal matter could be had either by appeal or by certiorari. … Y. 647 ) nor to review the proceedings of a board of parole, as was the case in Matter of Hines v. State Board of Parole (supra). A careful reading of the memorandum opinion in People ex rel. Anow v. Hunt ( 259 App.

In re Burke

150 N.Y.S. 1 · New York Supreme Court · Nov 28, 1914

This application is made for a writ of certiorari, and for a stay of execution of the judgment of the board of police commissioners. … Crolcer v. Sturgis, 39 Mise. Rep. 448, also reported in 80 N. Y. Supp. 194 . The writ may issue.

Deyo v. Stewart

4 Denio 101 · New York Supreme Court · Jan 15, 1847

(Clark v. Brown, 18 Wend. 213 .) It was to settle the law upon this point, and not to make any al *104 teration in other respects, that the statute was passed. (Stafford v. Ingersol, 3 Hill, 38 .)

111 Fourth Avenue Associates v. Finance Administration

101 Misc. 2d 950 · New York Supreme Court · Jul 18, 1979

Matter of Anderson v Board of Educ., 46 AD2d 360 ; McKinney’s Cons Laws of NY, Book 1, Statutes, § 98). … (Matter of Pell v Board of Educ., 34 NY2d 222 .)

Mead v. Fairbrother

133 Misc. 2d 378 · New York Supreme Court · Aug 22, 1986

memorandum opinion leaves no doubt as to the similarity of the ordinance then under review (see, Matter of Epstein v Weisser, 302 NY, at pp 917-918). … Corp. v Board of Zoning Appeals, 21 Misc 2d 964, 965, 966 ).