Case law

Graham v. Board of Supervisors

49 Misc. 2d 459 · New York Supreme Court · Jan 20, 1966

Brown ( 186 Misc. 553 [Sup. … Lanigan, 48 Misc 2d 434 ), in Onondaga County (Barzelay v. Board of Supervisors, Sup. Ct. Nov. 26, 1965, Lynch, J.), in Sullivan County (Shilbury v.

Allen v. Board of Assessors

45 Misc. 2d 35 · New York Supreme Court · Jan 22, 1965

In addition to opposing the motion the board cross-moves for an order directing service of the particulars demanded. … Broadway Corp. v. Lennox, 216 N. Y. S. 2d 527). The petitioners here seem to be claiming just such a disproportionate valuation as had been held to exclude disclosure altogether (Matter of 614 So. Broadway Corp. v.

Grace v. Board of Education

32 Misc. 2d 983 · New York Supreme Court · Jan 11, 1962

(Matter of O’Connor v. Emerson, 196 App. Div. 807 , affd. 232 N. Y. 561 ; Matter of Bomar v. Cole, 177 Misc. 740 .) … Subdivision 1 of section 2573 of the Education Law authorizes the Board of Education to appoint teachers for a probationary period of not less than one nor more than three years, except that where the appointee has served

Leeds v. Board of Education

19 Misc. 2d 860 · New York Supreme Court · Jul 31, 1959

(Matter of McCarthy v. Board of Educ., 106 Mise. 193.) … See Matter of Craig v. Board of Educ. ( 173 Misc. 969 , affd. 262 App.

Yamato Trading Co. v. Brown

63 How. Pr. 283 · New York Supreme Court · May 15, 1882

In the affidavit, it is stated that the plaintiff intends to show by Brown, on his examination, that he was insolvent at the time when he obtained the silk, and in that manner to render it evident that his representations … , at the time when he purchased the goods; that the examination of Brown as to such facts and to show his insolvency was ' actually necessary for the benefit of the plaintiff on the trial of this action; and it was further

Board of Supervisors v. Wandel

6 Lans. 33 · New York Supreme Court · Jul 1, 1872

(Morris v. The People, 3 Denio, 382 .) The board of supervisors, upon any such audit of the treasurer’s account, cannot allow any claim upon any notions of then1 own as to its equity (People v. … (Meeker v. Van Bensselaer, 15 Wend., 398 ; Smith v. Helmer, 7 Barb., 417 ; 1 Rev. Stat., 367, § 9, Subs. 1, 2; Taylor v. Henry, 2 Pick., 397 ; Britton v. Lawrence , 1 Chipman, 103.)

Urowsky v. Board of Regents

76 Misc. 2d 187 · New York Supreme Court · Nov 20, 1973

On or about February 16,1972, the State Board of Pharmacy, a licensing board under the jurisdiction of the defendant, notified plaintiff to appear before a committee of said board pursuant to section 6809 of the Education … S. 424 ; Williamson v. Lee Opt. Co. 348 U. S. 483 ; Semler v. Dental Examiners, 294 U. S. 608 ; Finlay Strauss, Inc. v. University of State of N. Y., 270 App. Div. 1060 , mot. for lv. to app. den. 296 N. Y. 1057 ).

Weisse v. Board of Education

178 Misc. 118 · New York Supreme Court · Dec 29, 1941

The petitioner herein seeks to review the determination of the board of education denying her petition to them to review and modify the action of the teachers retirement board in fixing the amount of her prior service under … (See Brooklyn Public Library v. Craig, 201 App. Div. 722 : Muller v. City of New York, 189 id. 363; Matter of Brady, N. Y. L. J. Dec. 8, 1939, p. 2033, per Collins, J.; Enstrom v. City of New York, 258 App. Div. 672 .)

Smith v. Board of Canvassers

92 Misc. 607 · New York Supreme Court · Dec 15, 1915

Noyes v. Board of Canvassers, 126 N. Y. 392 , was cited as authority for the proposition. … for the time being by the action of the board of canvassers.

McDonough v. Board of Education

20 Misc. 2d 98 · New York Supreme Court · Aug 6, 1959

The Board of Education did not submit a brief. … Act, § 1292; Matter of Hines v. La Guardia, 293 N. Y. 207, 215 ; Entress v. Sours, 272 App. Div. 861 ; Matter of Bernola v. Fletcher, 280 App. Div. 870 ).

Taylor v. Board of Elections

123 Misc. 817 · New York Supreme Court · Oct 28, 1924

The legislature in its wisdom and foresight, appreciating the possibility of such a situation confronting election boards in the discharge of their duties, has provided by section 249 of the Election Law of 1922 that: “ When … In the case of Matter of Hopper v. Britt, 204 N.

Poucher v. Teachers' Retirement Board

130 Misc. 896 · New York Supreme Court · Nov 15, 1927

In support of this contention it cites the very recent case of Strianese v. Metropolitan Life Insurance Co. ( 221 App. Div. 81 ). … Quite apart from the general consideration that pension laws should be liberally interpreted (Walton v. Cotton, 60 U. S. [19 How.] 355), and an interpretation avoided which will result in forfeiture (Fitzpatrick v.

Brooks v. Board of Education

29 Misc. 2d 19 · New York Supreme Court · Aug 16, 1960

At the end of the plaintiffs ’ case, and again at the end of the whole case, the defendant, the Board of Education of the City of New York, moved to dismiss the plaintiffs’ complaint. … Justice Hefferhan in Gardner v. State of New York ( 256 App.

Anonymous v. Board of Examiners of the Board of Education

65 Misc. 2d 581 · New York Supreme Court · Nov 30, 1970

Y. 612 ; Matter of Adams v. Board of Educ. of City of N. Y., 286 App. Div. 868 ). The petitioner’s drug addiction and psychological problems are undisputed. … The court may not substitute its judgment for that of the board (Matter of *585 Collery v. Teachers’ Retirement Bd., supra; Matter of Fallon v. Board of Higher Educ. of City of N. Y., 9 A D 2d 766).

Meyer v. Board of Education

31 Misc. 2d 407 · New York Supreme Court · Oct 9, 1961

This case is not in conflict with Matter of Hodge & Hammond v. Burns ( 23 Misc 2d 318 ). … Accordingly, it cannot be said that the board was arbitrary, capricious or unreasonable in making its decision (Matter of Haskell-Gilroy v.

Belford v. Board of Elections

204 Misc. 858 · New York Supreme Court · Oct 20, 1953

Election Law, petitioner, the candidate of the Clean Government party for the position of City Court Judge of the City of Long Beach, seeks to have the arrangement of the voting machine format, proposed to be used by the Board … A somewhat similar application was decided adversely to the contention of the petitioner in Matter of Smyth v. Westchester Co.

Garber v. Board of Education

50 Misc. 2d 711 · New York Supreme Court · Jun 13, 1960

As stated in Matter of Shapiro v. Board of Educ. of City of N. Y. ( 250 App. … The great weight of authority has held in situations similar to the one presented here that section 310 provides merely an alternative remedy (Lorenz v. Board of Educ., 264 N. Y. 591, 592 ; Matter of Frankle v.

Bulkley v. Board of Supervisors

22 N.Y.S. 1110 · New York Supreme Court · Nov 22, 1892

Carruthers v. Board of Superintendents of the Board of Education

198 Misc. 534 · New York Supreme Court · Jun 29, 1950

V, § 6) requires that appointments and promotions in the civil service shall be made according to merit and fitness, this provision obviously relates only to the relative merits of applicants, to be determined by competitive … As to the positions of assistant director and chief attendance officer, the board of superintendents has made nominations, but the board of education has not yet acted upon them.

Conway v. Board of Education

11 Misc. 2d 162 · New York Supreme Court · Feb 6, 1958

While there are several distinguishing factors between the case at hand and that of Bertola v. Board of Educ. of the City of N. … Y. (1 A D 2d 973), both cases do have in common the crucial factor that “ closer supervision could not have been reasonably apprehended” (Ohman v. *164 Board of Educ. of the City of N. Y., 275 App.