Case law

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.

Brown v. Brown

Superior Court of Maine · Feb 4, 2003

Brown, Plaintiff Vv. Order Russell B. … Hall v. Board of Environmental Protection, 498 A.2d 260, 266 (Me. 1985). The plaintiff argues that the factual conduct ascribed to him in the defendant’s counterclaim is not fraudulent in nature.

Totevski v. Board of Education

178 Misc. 2d 758 · New York Supreme Court · Oct 28, 1998

(see, Matter of Mandell v Board of Educ., 243 AD2d 479 ; Matter of Barone v Board of Coop. … Hicksville UFSD No. 17, 200 AD2d 661 ; Matter of Sherman v Board of Educ., 88 Misc 2d 661 ).

Ruggeiro v. Board of Education

49 Misc. 2d 532 · New York Supreme Court · Mar 16, 1966

PO-48)- and submitted the same to the principal of the school in the regular course of business of the said Board of Education. … (Parker v. New York Tel. Co., 24 A D 2d 1067; Cohen v. Hardy, 23 A D 2d 793.)

Ahern v. Board of Supervisors

17 Misc. 2d 164 · New York Supreme Court · Mar 2, 1959

Justice Hogan, who rendered an opinion on January 22,1959 (Ahern v. McNab, 17 Misc 2d 162 ), which, in substance, permitted continuance of the ordinary functions of the Board of Elections. … (Matter of Schlobohm v. Municipal Housing Auth., 270 App. Div. 1022 , affd. 297 N. Y. 911 ; Matter of Felice v. Swezey, 278 App. Div. 958 ; Matter of Sylvester v. Mescall, 277 App. Div. 961 ; Matter of Rivette v.

Aesy v. Zoning Appeals Board

66 Va. Cir. 382 · Salem County Circuit Court · Feb 3, 2005

Co. v. Fulgham, 219 Va. 294, 299 (1978). … Steele v. Fluvanna County Bd. of Zoning Appeals, 246 Va. 502, 507 (1993).

Board of Supervisors v. Peterson

19 Va. Cir. 57 · Fairfax County Circuit Court · Oct 6, 1989

JAMBORSKY Petitioners Board of Supervisors of Fairfax County, Virginia, and County of Fairfax, Virginia, seek to inter-plead respondents, Barrie M. … Bierman v. Marcus, 246 F.2d 200, 202 (3d Cir. 1957), cert. den’d sub nom. Milmar Estate, Inc. v. Marcus, 356 U.S. 933 (1958).

Ayman v. Teachers' Retirement Board

19 Misc. 2d 374 · New York Supreme Court · Nov 2, 1959

The first is in the decision by the Court of Appeals in Birnbaum v. New York State Teachers Retirement System (5 N Y 2d 1, 9) that the purpose of the amendment to the New York State Constitution (art. … V, § 7) was to fix the rights of the employee at the time he became a member of the system ( 19 Misc 2d 355 ).

Beck v. Board of Education

182 Misc. 886 · New York Supreme Court · Jul 5, 1944

In Palmer v. Board of Education ( 276 N. … But as was observed by that very court in Palmer v. Board of Education ( 276 N. Y. 222, 229 , supra) the violation was overlooked “ because the question was not raised ’ ’.

Tenneriello v. Board of Elections

125 Misc. 2d 190 · New York Supreme Court · Aug 14, 1984

The section 16-116 of the Election Law requirement of a verified petition is a jurisdictional condition precedent (Matter of Goodman v Hayduk, 64 AD2d 937 , affd 45 NY2d 804 ). … Matter of Ladore v Mayor of Vil. of Port Chester ( 70 AD2d 603 ), relied on by petitioners, is inapplicable here.

Board of Education v. Nielsen

21 Misc. 2d 368 · New York Supreme Court · Nov 9, 1959

A motion, by the plaintiff for an injunction pendente lite was denied in a memorandum which cited Wilson v. Ford ( 148 App.

Coffee v. Board of Education

65 Misc. 2d 931 · New York Supreme Court · Mar 8, 1971

In Vaca v. Sipes ( 386 U. … (Matter of *934 Sardino v. Finch, 35 A D 2d 686; Matter of Scarsdale-Harney Corp. v. Briante, 11 A D 2d 777; Suppus v. Bradley, 278 App. Div. 337, 339 .)

Board of Education v. Rickard

61 Misc. 2d 955 · New York Supreme Court · Jan 28, 1970

This is a motion for a summary judgment in an action brought by the plaintiff against two defendant school teachers to obtain a declaratory judgment as to the liability of the school board on certain claims made by each of … Consequently, neither of the defendants has claims against the plaintiff school board for additional salary.

Mancuso v. Board of Education

207 Misc. 703 · New York Supreme Court · Oct 16, 1954

Boyle v. Cruise, 197 App. Div. 705, 710 , affd. 231 N. Y. 639 .)

Denny v. Brown, Wheelock, Harris, Stevens, Inc.

177 Misc. 236 · New York Supreme Court · Sep 29, 1941

The action arises out of an agreement between the plaintiff and her former husband, John Denny, entered into on January 22, 1936, while he was employed by the defendant Brown, *237 Wheelock, Harris, Stevens, Inc., as a licensed … Div. 562, 564 ; Fineblatt v. Giant Laundry, Inc., 145 Misc. 889 ; Lightbody v. Smith, 125 Mass. 51 ; Raulins v. Levi, 232 id. 42; 121 N. E. 500 .)

Weimer v. Board of Education

99 Misc. 2d 47 · New York Supreme Court · Nov 8, 1978

Mackreth, 30 AD2d 810 ; Matter of Ward v Nyquist, 55 AD2d 751 ; Matter of Abdallah v Board of Educ., 61 AD2d 1096 ; Matter of Bork v City School Dist. of City of North Tonawanda, 60 AD2d 13 ). … (Board of Educ. v Niagara Wheatfield Teachers Assn., 54 AD2d 281 ).

Maracallo v. Board of Education

2 Misc. 3d 703 · New York Supreme Court · Dec 22, 2003

The New York City Board of Education (NYCBOE) contends that any duty which might have been involved under the circumstances ran to Daniel Maracallo, and that duty was not transferable to Maria Maracallo. … (Lando v State of New York, 39 NY2d 803 [1976].) Similarly, in Smith v St.

Grant v. Board of Elections

98 Misc. 2d 644 · New York Supreme Court · Nov 3, 1978

Matter of Hehl v Gross (supra) involved a local referendum which extended civil service protection to county employees. … The local Board of Supervisors, in placing the referendum on the ballot, clearly stated that it was to become effective "immediately on the approval of the voters at the referendum” (Matter of Hehl v Gross, supra, p 571).

Smith v. Board of Education

18 Misc. 3d 192 · New York Supreme Court · Oct 24, 2007

Neither the chairperson, nor the respondent Board, has pointed to any specific rule or regulation which would override section A2 and entitle the Board to withhold the A-420 from petitioner while still relying on it at the … This same principle was recently applied by Justice Lewis Bart Stone in Mangone v Board of Education ( 2007 NY Slip Op 32475[U] [Sup Ct, NY County 2007]).

Fryman v. Board of Trustees

42 Ill. Ct. Cl. 132 · Court of Claims of Illinois · Oct 10, 1989