Case law

Hopkins v. Board of Education

99 Misc. 2d 216 · New York Supreme Court · Apr 25, 1979

Realty Corp. v Larkin, 11 NY2d 20 ; Conley v Town of Brookhaven Zoning Bd., 40 NY2d 309 ). … It is quite clear that the board of education of a central school district has the legal authority to close a school when the need exists (Glover v Board of Educ., 7 AD2d 319 ).

Botwin v. Board of Education

114 Misc. 2d 291 · New York Supreme Court · May 17, 1982

(Matter of Wilson v Macchiarola, 79 AD2d 638 ; Matter of O’Connor v Emerson, 196 App Div 807 , affd 232 NY 561 ; Board of Educ. v Rickard, 32 AD2d 135 ; Matter of Tombler v Board of Educ., 109 Misc 2d 821 .) … 409 , affd 45 NY2d 947 ), Devitt v Heimbach ( 109 Misc 2d 463 ) and Matter of Sanna v Lindenhurst Board of Educ. ( 107 Misc 2d 267 , mod 85 AD2d 157 ).

Pruzan v. Board of Education

25 Misc. 2d 945 · New York Supreme Court · Dec 12, 1960

Auth. v. … Plaintiffs ’ contention is well answered by the United States Supreme Court in Adler v. Board of Educ. ( 342 U.

Cohen v. Brown, Harris Stevens, Inc.

132 Misc. 2d 85 · New York Supreme Court · May 23, 1986

This is a restatement of the hoary rule set out in Hadley v Baxendale (9 Exch 341, 156 Eng Rep 145). … The plaintiffs’ assertion that the doctrine of Hadley v Baxendale (supra) is incorporated within the definition of use and occupancy is correct.

Ferraro v. Board of Education

32 Misc. 2d 563 · New York Supreme Court · Feb 3, 1961

In Ohman v. Board of Educ. … In Selleck v. Board of Educ.

Tax Review Board v. Weiner

11 Pa. D. & C.2d 733 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 24, 1957

On the contrary, they are charges for providing a product and the relationship is essentially contractual: Shirk v. Lancaster City, 313 Pa. 158, 172-73 (1933). See Manheim Township Supervisors v. … The method of estimating water consumption adopted here has received judicial approval in prior cases: Philadelphia v. Goetz, 71 D. & C. 500 (1950). See Philadelphia v. Charleston, supra.

Moses v. Board of Education

127 Misc. 477 · New York Supreme Court · Jun 7, 1926

In Teece v. Board of Education (27 State Dept. … (Clark v. State of New York, 142 N. Y. 101 ; Kehn v. State of New York , 93 id. 291; O’Connor v. City of New York, 178 App. Div. 550 ; Moore v. Board of Education , 121 id. 862; Loewy v.

Brown v. A, B, C Fence Co.

5 N.Y.S. 95 · New York Supreme Court · Mar 29, 1889

For in Krauser v. … The case of Dean v.

Brown v. Division of Highways

27 Ct. Cl. 144 · West Virginia Court of Claims · Oct 6, 2008

Adkins v. Sims, 130 W.Va. 645 , 46 S.E.2d 81 (1947). … Chapman v. Dep’t. of Highways, 16 Ct. Cl. 103 (1986).

Douglass v. Board of Supervisors

1 N.Y.S. 126 · New York Supreme Court · May 14, 1888

It therefore follows that the acts of the board of supervisors in levying the assessment were void.

Irwin v. Board of Regents

53 Misc. 2d 430 · New York Supreme Court · Apr 4, 1967

The respondent, the Board of Regents of the University of the State of New York, has served an answer containing objections in point of law and has taken the position upon this proceeding that the petition should be dismissed … Hurwitz v. North, 271 U. S. 40 .) The court, then is persuaded to the position that the denial of the requests for subpoenas by subject hearing body was illegal.

Scales v. Board of Education

41 Misc. 2d 391 · New York Supreme Court · Dec 23, 1963

Buffalo & Fort Erie Public Bridge Auth. v. Davis, 277 N. Y. 292 ). … The instant situation is to be contrasted with that in Judd v. Board of Educ. ( 278 N. Y. 200 , supra) where free transportation to school was provided for parochial school pupils, and that in Smith v.

Nicol v. Board of Education

125 Misc. 678 · New York Supreme Court · Sep 17, 1925

This action is brought by said Nicol against the board of education of the city of New York to have a declaration that her appointment by said board was valid and to restrain said board from acting upon an order of the State … Commissioner of Education directing said board to annul her appointment.

Tyler v. Board of Supervisors

15 N.Y.S. 366 · New York Supreme Court · Jul 15, 1891

Section 16 of article 6 of the constitution of the state of New York provides: “The legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, … People v. Green, 64 Barb. 162 ; People v. Cady, 2 Hun, 224 . These considerations lead to the conclusion that the order should be affirmed. , Order affirmed, with $10 costs and disbursements.

Smith v. Board of Elections

196 Misc. 109 · New York Supreme Court · Aug 23, 1949

(Matter of Bednarsh v. Cohen, 267 App. Div. 133 .) Section 330 of the Election Law marks a distinct reform in procedure. … (Matter of Taylor v. Redmond, 239 App. Div. 112 .)

Davis v. Board of Supervisors

51 Misc. 2d 347 · New York Supreme Court · Aug 22, 1966

No plan has been adopted by the board. … (Baker v. Carr, 369 U. S. 186 ; Reynolds v. Sims, 377 U. S. 533, 586 ; Gomillion v. Lightfoot, 364 U. S. 339 ; Seaman v. Fedourich, 16 N Y 2d 94.)

Board of Supervisors v. Brodhead

44 How. Pr. 411 · New York Supreme Court · Feb 25, 1873

'It is undoubtedly true-, that no action for a county charge can be maintained against a county or a board of supervisors. … , or even any unwillingness on the part of the present attorneys to take any action required of them by the board.

Amster v. Board of Education

55 Misc. 2d 961 · New York Supreme Court · Dec 12, 1967

(Matter of Meenagh v. Dewey, 286 N. Y. 292 ). The petitioner’s plight arises out of the application to her situation of an administrative regulation adopted by the respondent in October, 1957. … with and does not exceed the authority granted by the statute, the interpretation of the regulation by the commissioner is controlling, and will not be disturbed in the absence of weighty reasons ” (Matter of Luxenberg v.

Community Board 3 v. State

101 Misc. 2d 189 · New York Supreme Court · Jul 27, 1979

(See Matter of Foy v Schechter, 1 NY2d 604, 615 .) … In order to preserve the status quo of the matter pending a resolution of this proceeding (Schlosser v United Presbyt.

Aster v. Board of Education

72 Misc. 2d 953 · New York Supreme Court · Dec 29, 1972

Petitioner cites the recent case of Board of Regents v. Roth ( 408 U. S. 564 ), in support of her position. … (See Matter of Butler v. Allen, 29 A D 2d 799; Matter of Pinto v. Wynstra, 22 A D 2d 914; Matter of McMaster v. Owens, 275 App. Div. 506 ; and Matter of High v. Board of Educ. of Union Free School Dist.