Case law

Pierce v. Board of Education

125 Misc. 589 · New York Supreme Court · Jul 16, 1925

Section 314 of the Education Law provides: “ No board of education shall incur a district liability in excess of the amount appropriated by a district meeting unless such board is specially authorized by law to incur such … Brown tomorrow, prepare rough set of plans embodying the features upon which they agree and submit the same to this Board together with estimate of the expense for further consideration.”

Krehely v. Board of Appeals

65 Misc. 2d 458 · New York Supreme Court · Jan 26, 1970

There was no evidence offered to show and no finding made that “the public health, safety and welfare will be served” (Matter of Fulling v.

Botkin v. State Medical Board

58 Ohio Law. Abs. 202 · Summit County Court of Common Pleas · Oct 7, 1950

State Board of Medical Registration and Examination v. … State v.

Wenger v. Workmen's Compensation Board

5 Misc. 2d 751 · New York Supreme Court · Oct 25, 1956

Plaintiff is a physician and is authorized to practice before the board. The daughter of the individual defendant was involved in an industrial accident. … Plaintiff’s remedy is adequate in the event of suit by any party in interest to recover the fee paid or in the event the board takes action.

Loewy v. Board of Education

170 Misc. 660 · New York Supreme Court · Mar 29, 1939

I referred to the appropriate procedure to be taken in these matters in Matter of Brady v. Board v. … In Louderback v. Board of Education ( 216 App. Div. 805 ; affd., 244 N. Y. 511 ) the ruling of the Commissioner of Education was adopted as res adjudicata.” The remaining issues require no further consideration.

Mack v. Board of Appeals

7 Misc. 3d 607 · New York Supreme Court · Jan 21, 2005

Petitioners were not, however, required to appeal to the Board from the CEO’s determination, which accorded them all the relief they would have sought from the Board in such an appeal (cf., Parochial Bus Sys. v Board of Educ … Brokerage at 670 [insurance agent]; Reich v City of Reading, 3 Pa Commw at 519, 284 A2d at 320 ; Bonasi v Board of Adj. of Haverford Twp., 382 Pa 307, 115 A2d 225 [1955] [cosmetologist]; cf., Chase Scientific Research at

Briscoe v. Teachers' Retirement Board

205 Misc. 909 · New York Supreme Court · Feb 16, 1954

of at least one teacher-member of the board shall be necessary for any decision of the board (Administrative Code, § B20-11.0), which includes the election of a chairman (Rees v. … (see Rees v.

Diehl v. Zoning Hearing Board

21 Pa. D. & C.3d 550 · Pennsylvania Court of Common Pleas, Lehigh County · Jan 30, 1981

In Petrosky v. … See Marple Gardens, Inc. v. Zoning Board of Adjustment, 8 Pa. Commonwealth Ct. 436 , 303 A. 2d 239 (1973); A&D, Inc. v. Zoning Hearing Board, E. Nottingham Township, 32 Pa.

Hanifi v. Board of Regents

46 Ill. Ct. Cl. 131 · Court of Claims of Illinois · Sep 20, 1993

(Weber v. Board of Fire and Police Commissioners (1990), 204 Ill. App, 3d 358; Stearns v. Board of Fire and Police Commissioners (1978), 59 Ill. App. 3d 569 .) … (Piper v. Board of Trustees (1981), 99 Ill. App. 3d 752 .)

Koltun v. Board of Education

25 Misc. 2d 294 · New York Supreme Court · Mar 8, 1960

Thurston v. Board of Town Auditors ( 82 N. … Clapp v. Listman, 40 Misc. 372, 375-376 .) But it is well settled that the Board of Education has the right and duty to audit (Matter of Brennan v. Board of Educ., 245 N.

McElroy v. Board of Education

5 Misc. 3d 321 · New York Supreme Court · Aug 30, 2004

(Holt v Board of Educ. of Webutuck Cent. School Dist., 52 NY2d 625, 632 [1981]). … study hall supervision (Matter of Van Heusen v Board of Educ. of City School Dist. of Schenectady, 26 AD2d 721 [1966]) have been upheld as proper without any mention of the commencement of disciplinary proceedings.

Finn v. Teachers' Retirement Board

51 Misc. 2d 693 · New York Supreme Court · Sep 21, 1966

The applicable provision of the code, subdivision 1 of section B20-41.0, provides as follows: ‘ ‘ Any contributor may retire from service upon written application to such board setting forth at what time subsequent to the … Any action upon the part of the Board was unnecessary.” (Matter of *696 Creveling v. Teachers’ Retirement Bd., 255 N. Y. 364, 368 ; Matter of Rogalin v. New York City Teachers’ Retirement Bd., 290 N. Y. 664 .)

MacKechnie v. Board of Education

11 Misc. 2d 926 · New York Supreme Court · Apr 10, 1958

(Matter of Andresen v. Rice, 277 N. Y. 271 .) It may be denied even where a clear legal right is shown to exist. (Matter of Blade v. O’Brien, 264 N. Y. 272 .) … (Matter of Coombs v. Edwards, 280 N.

O'Hara v. Board of Supervisors

42 Misc. 2d 716 · New York County Courts · Mar 2, 1964

As. the court said in Sharp v. … (Cooper Union v. City of New York, 272 App. Div. 438 , affd. 298 N. Y. 578 ; Rector, etc. v. Town of Eastchester, 197 Misc. 943 .) The petition is accordingly granted.

Barcalow v. Board of Education

14 N.J. Misc. 718 · New Jersey Department of Labor Workmen's Compensation Bureau · Aug 6, 1936

Rep. 545 ; Matthews Construction Co. v. Ranallo, 13 N. J. Mis. R. 878; 181 Atl. … See Clover, Clayton & Co., Ltd., v. Hughes (1910), Appeal Cases, 242 (at pp. 246, 247).

Gigante v. Board of Elections

63 Misc. 2d 290 · New York Supreme Court · May 25, 1970

(Election Law, § 369; Matter of O’Connor v. Power, 22 N Y 2d 772.) From both a legal and equitable standpoint, it would seem that petitioner must prevail. … (Election Law, § 150; see Matter of Roosevelt v. Power, 22 Misc 2d 1074 , revd. 10 A D 2d 943, revd. 8 N Y 2d 869; Matter of Curtiss, 140 Misc. 185 ; Matter of Sumner, 102 N. Y. S. 2d 478.)

Ladson v. Board of Education

67 Misc. 2d 173 · New York Supreme Court · Aug 2, 1971

(See Schwartz v. Schuker, 298 F. Supp. 238 .) … (Education Law, § 1709, subd. 2; Matter of Scott v. Board of Educ., 61 Misc 2d 333 .)

Wilson v. Board of Supervisors

152 Misc. 645 · New York Supreme Court · Aug 10, 1934

Root v. Board of Supervisors, 146 N. Y. 107, 112 .) … (Matter of Town of Nichols v. County of Tioga, 130 Misc. 217 .) Under section 47 of the Highway Law the town superintendent may not be called upon to act in this instance.

Primps v. Board of Education

63 Misc. 2d 931 · New York Supreme Court · Jul 7, 1970

The respondents, who are members of the Board of Education, defend upon two grounds. … Relevant to the issue before this court are the decisions in Board of Educ. v. Rickard (32 A D 2d 135) and Matter of O’Connor v. Emerson ( 196 App. Div. 807, 810 ).

Mullins v. Board of Governors

8 Ct. Cl. 33 · West Virginia Court of Claims · Sep 8, 1969