Case law

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 ).

Maloney v. Board of Elections

193 Misc. 242 · New York Supreme Court · Oct 12, 1948

Theodore Brewer, obtained an order, dated that day, under section 330 of the Election Law, directing the board of elections to show cause why an order should not be made requiring the board to place the names of the three … his prayer in the petition on which the order was issued is that the board be required to certify him as the nominee of the American Labor Party.

Smith v. Board of Education

178 Misc. 988 · New York Supreme Court · Jul 17, 1942

(Matter of Wolf v. Delaney, 266 N. Y. 262 ; Matter of Clancy v. Halleran, 263 id. 258.) … Law, § 22, subd. 1; Matter of McNamara v. Holling, 282 N. Y. 109 .)

New Carlisle Bank v. Brown

11 Ohio C.C. 77 · Clark Circuit Court · Dec 15, 1895

Haskins v. Alcott 13 Ohio St. 210 -216. But is it true as contended by counsel, that this act applies to contracts and transactions entered into before its passage? We think not. … Lessee of Moore v. Vance 1 Ohio, 1, 12. No interpretation should be adopted which makes distinctions between different classes of men in the same business, and imposes penalties on some not borne by others.

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.)

Board of Health v. Casey

3 N.Y.S. 399 · New York Supreme Court · Jun 6, 1888

That thereupon the said board ordered the said trustees of the-said school-district to abate the said nuisance by disconnecting all privies from the said water-course. Eleventh. … Casey appeared before the said board on be- • half of the said trustees, and presented testimony in their behalf. Four-teenth.

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.

Board of Education v. Dibble

136 Misc. 171 · New York Supreme Court · Mar 20, 1930

Y. 380 ; Matter of Reif v. Schwab, 204 App. Div. 50 .) Any changes made in the items by the board of estimate and apportionment are advisory only. … (Matter of Fleischmann v. Graves, 235 N. Y. 84 .) I conclude, therefore, that the salaries in controversy were lawfully fixed by the board of education. That body had the right to fix them.

Jewish Board of Family & Childrens Services Inc. v. Zoning Board of Appeals

141 Misc. 2d 874 · New York Supreme Court · Mar 4, 1986

(See also, Group House v Board of Zoning & Appeals, 45 NY2d 266 .) The group home is not a "non-conforming use” as respondent urges but a legally permitted one. … (Cf., Matter of Baskin v Zoning Bd. of Appeals, 40 NY2d 942 , revg 48 AD2d 667 .) The Board was in error in sustaining the building inspector’s unreasonable interpretation of the ordinance.

United States Title Guaranty Co. v. Brown

86 Misc. 287 · New York Supreme Court · Jun 15, 1914

United States Title Guaranty Co. v. Brown, 158 App. Div. 542 . Much might be written upon the subject, but it is unnecessary. … Irwin v. Curie, 171 N. Y. 409 ; Bernard v. Fromme, 132 App. Div. 922 ; Duval v. Wellman, 124 N. Y. 156 .

Board of Education v. Ambach

123 Misc. 2d 622 · New York Supreme Court · Mar 28, 1984

The plaintiff Board of Education of the Hilton Central School District commenced this action against the defendant Gordon Ambach, as Commissioner of Education of the State of New York, for a declaratory judgment. … The New York School Board Association has appeared as amicus curiae and has submitted a memorandum of law in support of the plaintiff’s motion for summary judgment.

Novick v. Workmen's Compensation Board

69 Misc. 2d 1046 · New York Supreme Court · Oct 20, 1969

F.’s, Inc. v. McKenzie, 269 App. … Catering Corp. v.

Board of Education v. Burke

94 Misc. 2d 369 · New York Supreme Court · Apr 26, 1978

Therefore, the voters of *371 this school district are not being presented with a candidate who, because of a pre-existing ineligibility makes his candidacy only an illusion (Matter of Brayman v Stevens, 54 Misc 2d 974 , … affd 28 AD2d 1090 , affd 20 NY2d 868 ; Matter of Burns v Wiltse, 303 NY 319 ).

Fallarino v. Board of Education

160 Misc. 2d 682 · New York Supreme Court · Mar 17, 1994

Board of Education v. Southern

97 Misc. 2d 631 · New York Supreme Court · Oct 26, 1978

Co.], 7 NY2d 476 ; Matter of Lindsey v Board of Educ. ( 64 AD2d 856 ). … Board of Educ., 60 AD2d 361 , supra; Todd v Board of Educ., 272 App Div 618 , affd 297 NY 873 ; see Accredited Demolition Constr.

Prudential Insurance Co. of America v. Brown

30 Misc. 2d 147 · New York Supreme Court · Apr 19, 1951

Co. v. Miller, 17 Misc 2d 532 ). … Co. v. Pomerantz, 246 N. Y. 63 , supra; Metropolitan Life Ins. Co. v. Blum, 7 A D 2d 488).

Bogert v. Board of Education

44 Misc. 10 · New York Supreme Court · Jun 15, 1904

Callahan v. Board of Education, 174 N. Y. 169 ). … The city superintendent of schools had no power to remove him or prevent him from teaching in his grade, and he is entitled to recover for the breach of his contract of employment, (Steinson v.

Brown-Brand Realty Co. v. Saks & Co.

126 Misc. 336 · New York Supreme Court · Jan 15, 1926

(First National Bank v. Tyson, 133 Ala. 459 ; Anisfield Co. v. Grossman & Co., 98 Ill. App. 180 ; Field v. Barling, 149 Ill. 556 ; Dill v. Board of Education, 47 N. J. Eq. 421.) … (Ackerman v. True, 175 N. Y, 353; McMillan v. Klaw & Erlanger Co., *340 107 App. Div. 407 ; Bradley v. Degnon Contr. Co., supra; Broadbelt v. Loew, 15 App. Div. 343, 346 ; affd., 162 N. Y. 642 ; Matter of Kahabka v.

Construction Management Corp. v. Brown & Root, Inc.

41 Misc. 2d 864 · New York Supreme Court · Jan 7, 1964

(United States v. Tucker Truck Lines, 344 U. S. 33, 36-37 [1952].) The statement by the Court of Appeals for the Second Circuit in United States v. Hamden Co-Op. … Article 22 [the ‘ Disputes ’ clause], it is now too late for it to assert that the Board could not decide the factual issues presented in appellant’s dispute with the G-overnment.

Board of Education v. Shanker

54 Misc. 2d 641 · New York Supreme Court · Sep 13, 1967

to close the schools so that such a closing would strengthen its hand in dealing with the Board of Education. … It is also a fact that the teachers had an agreement with the Board of Education, which expired June 30, 1967; and that the union officers and the Board of Education have been engaged in an attempt to negotiate a new contract