Case law

Sherman v. Board of Education

56 Misc. 2d 739 · New York Supreme Court · Oct 31, 1967

Boards of Education are not required to provide summer school programs, and teachers are not compelled to serve when the additional schooling is made available. Such service is on a voluntary basis. … For comparison it may be noted that it has been held that the statutory provisions fixing salaries did not apply to evening high school teachers (Matter of Phillips v. Board of Educ. of City of N. Y., 81 N. Y.

Zimbalist v. Board of Education

160 Misc. 415 · City of New York Municipal Court · Jun 30, 1936

Sullivan (Daniel V.), J. … The city of New York and the board of education of the city of New York are separate entities.

French v. Board of Education

38 N.Y. Sup. Ct. 45 · New York Supreme Court · Nov 15, 1883

Board of Supervisors v. Hendryx

58 Barb. 279 · New York Supreme Court · Sep 6, 1870

And as conclusive evidence that the November session of the board was the termination of the fiscal year, it appears that at the meeting of the same board 2d of January, 1867, two days after the expiration of his office, … This is all that was intended in the dictum of The People v. Devlin, ( 33 N. Y. 274 .)

Nicol v. Board of Education

8 N.Y. St. Rep. 819 · New York Supreme Court · May 9, 1887

By chapter 143, Laws of 1850, the board of education have entire charge and direction of all of the public schools of the city. … The discretion of the board cannot be reviewed. This result must equally follow the determination of the board at what point or number, the receiving of scholars in any certain school must stop.

Travis v. Board of Sup'rs

31 N.Y.S. 1134 · New York Supreme Court · Dec 27, 1894

Board of Education v. Mapes

4 N.Y.S. 484 · New York Supreme Court · Jun 25, 1888

Klugherz v. Board of Education

23 Misc. 2d 184 · New York Supreme Court · Jun 6, 1960

The application also asks that the Superintendent of Schools and the Board of Education be compelled to take all necessary steps to eliminate perilous overcrowding in schools where it exists. … It is obvious that petitioners’ proof falls far short of that necessary for the courts to interfere in the procedures adopted *186 by the Fire Department and the Board of Education to safeguard both students and teachers

Board of Commissioners v. Burtis

41 N.Y. Sup. Ct. 624 · New York Supreme Court · Oct 15, 1884

Hufnagle v. Board of Education

32 N.Y. Sup. Ct. 647 · New York Supreme Court · Dec 15, 1881

Milliken v. Board of Freeholders

14 N.J. Misc. 58 · New Jersey Department of Labor Workmen's Compensation Bureau · Dec 11, 1935

Flacke v. Freshwater Wetlands Appeals Board

100 Misc. 2d 393 · New York Supreme Court · Jul 20, 1979

The court is aware of the standards for judicial review when *401 a CPLR 7803 (subd 3) question is before the court (see, e.g., Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of Stracquadanio v Department of Health … Y., 285 NY 93 ; Matter of Barton Trucking Corp. v O’Connell, 7 NY2d 299 ; Matter of Marsh v Hanley, 50 AD2d 687 ).

Hunt v. Board of Fire Commissioners

68 Misc. 2d 261 · New York Supreme Court · Nov 29, 1971

S. 367 ; Bates v. Little Rock, 361 U. S. 516 ; Beilan v. Board of Educ., 357 U. S. 399 ; Slochower v. Board of Educ., 350 U. S. 551 ; Birnbaum v. Trussell, 371 F. 2d 672 ; Bagley v. Washington Township Hosp. … Rev. at pp. 1449, 1462; and see Matter of Di Maggio v. Brown, 19 N Y 2d 283, 287).

Moskowitz v. Board of Elections

51 Misc. 2d 827 · New York Supreme Court · Oct 5, 1966

But the instant matter is not one in which the certificate of nomination was inadvertently filed at the wrong office (Matter of Lauer v. Board of Elections of City of N. Y., 262 N. … Y. 697 ; see, also, Matter of Orsini v. Heffernan, 187 Misc. 730 , affd. 296 N. Y. 698 ; Matter of Klein v. Heffernan, 296 N. Y. 699 ).

Murmer v. Board of Appeals

98 Misc. 2d 1068 · New York Supreme Court · Feb 27, 1979

This conclusion is reinforced by what is said in Seaman v Fedourich ( 16 NY2d 94, 101 ): "It is axiomatic that governmental units are creations of, and exercise only those powers delegated to them by the State”. … (Wholesale Laundry Bd. v City of New York, 43 Misc 2d 816 , affd 22 AD2d 762 , 765, affd 15 NY2d 604 ; NY Const, art IX, § 2, subd [d]; Municipal Home Rule Law, § 22, subd 2.) *1072 Respondents cite 11 Opinions of the State

Sipala v. Zoning Board of Appeals

2 Misc. 2d 1048 · New York Supreme Court · Feb 14, 1956

Service was made on the clerk of the respondent board on January 6, 1956, 32 days after the filing of the decision. … Justice Eder of this court in Matter of Brown v.

Spano v. Board of Education

68 Misc. 2d 804 · New York Supreme Court · Jan 17, 1972

In emulation of Serrano v. … v.

Rochester Trust & Safe Deposit Co. v. Brown

116 Misc. 184 · New York Supreme Court · Jul 15, 1921

George V. … Reynolds v. Robinson, 64 N. Y. 589 ; Leahy v. Campbell, 70 App. Div. 127 ; Bair v. Hager, 97 id. 358; Chambers v. Boyd, 116 id. 208.

City of Toledo v. Brown

14 Ohio C.C. (n.s.) 165 · Lucas Circuit Court · Mar 24, 1910

In Marmet v. … In State v.

Hines v. State Board of Parole

181 Misc. 274 · New York Supreme Court · Jul 9, 1943

On this application, pursuant to article 78 of the Civil Practice Act, to review a determination of the Board of Parole, the respondent moves to dismiss on the sole ground that the determination of the Board of Parole is … (See, for example, Matter of Dodd v. Martin, 248 N. Y. 394 ; Matter of Cropsey v. Tiernan, 172 App. Div. 435 ; Matter of Bennett v. Merritt, 173 Misc. 355 .)