Case law

People v. Board of Supervisors

43 N.Y. Sup. Ct. 491 · New York Supreme Court · May 15, 1885

Griffin v. Brooklyn (4 id., 419), and Town of Guilford v. Supervisors (13 id., 143). The only qualification which has been made to this strong language is in the *495 case of Weismer v. … (Lorillard v. Town of Monroe, 11 N. Y., 392 ; People ex rel. Downing v. Stout, 23 Barb., 34 ; People v. Supervisors of Montgomery, 67 N. Y., 109 .) In Laramie County v. Albany County ( 92 U.

People ex rel. Anibal v. Board of Supervisors

6 N.Y.S. 591 · New York Supreme Court · Jul 6, 1889

People v. *592 Common Council, 77 N. Y. 503, at 511 . This rule is not in conflict with the rule that, on granting a peremptory mandamus, the facts stated in defendants’ affidavits must be taken as true. People v. … Therefore it was said in People v. Kingston, 101 N. Y. 82 , at page 96, 4 N. E. Rep. 348, that the board was the party respondent in the appeal.

Tape Vee Corp. v. Town Board of Hempstead

55 Misc. 2d 989 · New York Supreme Court · Nov 30, 1967

In this proceeding pursuant to CPLR article 78, petitioners apply for ¡judgment vacating, annulling and setting aside respondent town board’s Resolutions No. 1443-1967 and No. 1977-1967 wherein respondent board states they … Should the board’s decisions be permitted to stand and should the Village of Garden City terminate its lease after Aurora’s building is completed, Aurora would be begging the board for different and further relief and this

People ex rel. Peixotto v. Board of Education

82 Misc. 684 · New York Supreme Court · Nov 15, 1913

Trustees v. Board of Supervisors, 131 N. Y. 468, 471 . … While prolonged absence may in some cases furnish ground for removal (O’Leary v. Board of Education, 93 N.

Brown v. New York Gas Light Co.

1 Ant. N.P. Cas. 351 · The Superior Court of the City of New York and Buffalo · Apr 15, 1850

In the case of Holding v. The Liverpool Gas Company, (5 N. Y. … Guille v. Swan, 19 Johns. 383 . Learne v. Bray, 3 East, 595.

Koltun v. Board of Education

39 Misc. 2d 985 · New York Supreme Court · Apr 22, 1963

Moriarty v. Creelman, 206 N. Y. 570, 576 ; Matter of Thomas v. Kern, 280 N. Y. 236 ; Matter of Strauss v. Hannig, 256 App. Div. 662 , affd. 281 N. Y. 612 ; Matter of Laverty v. Finegan, 249 App. Div. 411 , affd. 275 N. … Y. 555 ; Matter of Cowen v. Reavy [ 283 N. Y. 232 ], supra, and cases cited therein at p. 237).” The above quotation from Matter of Murray v.

Ehrlich v. New York City Conciliation & Appeals Board

124 Misc. 2d 217 · New York Supreme Court · Mar 20, 1984

This is a petition brought by the tenants of an apartment in New York City to annul a determination of the Conciliation and Appeals Board (CAB) which dismissed a petition on the grounds of loss of jurisdiction. … , 294 NY 180 ; Waddey v Waddey, 290 NY 251 ; Jacobus v Colgate, 217 NY 235, 245 ).

Alamango v. Board of Supervisors

32 N.Y. Sup. Ct. 551 · New York Supreme Court · Nov 15, 1881

(Lorillard v. Town of Monroe, 11 N. Y., 392 ; Brown v. People, 75 id., 441, 442 .) The duty of punishing criminals is inherent in the Sovereign power. … (Russell v. Men of Devon, 2 Term, 667; Hill v. Boston, 122 Mass., 344 , and cases cited; Hallenbeck v. Winnebago Co., 35 Am., 151; Kincaid v. Hardin Co., 36 id., 236; Woods v. Conway Co., 7 N. W.

Board of Education v. Allen

7 Misc. 2d 680 · New York Supreme Court · Jul 19, 1957

No. 1, Towns of Bethlehem, Coeymans & New Scotland, v. Wilson, 303 N. Y. 107 ; Matter of Levitch v. Board of Educ. of City of New York, 243 N. Y. 373 , motion for reargument denied 244 N. Y. 505 ; Bullock v. … Y. 566 ; Matter of O’Brien v. Commissioner of Educ., 3 A D 2d 321, 324; Matter of Hauser v. Wilson, 2 A D 2d 427; Matter of Beam v. Wilson, 279 App. Div. 277 ; Matter of Fabricius v. Graves, 254 App.

Milchman v. Board of Estimate

31 Misc. 2d 483 · New York Supreme Court · Oct 25, 1961

In Matter of Nilsson v. La Guardia ( 259 App. … But as also stated in Matter of Nilsson v.

Coulter v. Board of Education

11 N.Y. Sup. Ct. 569 · New York Supreme Court · May 15, 1875

It appeared by the contract that the last payment was not to be made until a certificate of the superintendent of school buildings, that the payment was due, had been filed in the office of the clerk of the board of education … (Coon v. The S. and U. R. R. Co., 5 N. Y., 492 ; Warner v. Erie R. Co., 39 id., 468; Brickner v. N. Y. C. R. R. Co., 49 id., 672; Laning v. Same, id., 521; Flike v. Boston and A. R. R. Co., 53 id., 549 ; Wright v. N. Y.

Dimowitz v. Teachers' Retirement Board

33 Misc. 2d 1067 · New York Supreme Court · Apr 6, 1962

Such invalid employment cannot constitute valid city service (Palmer v. Board of Educ., 276 N. Y. 222 ; People ex rel. Hannan v. Board of Health, 153 N. … Y. 258 ; Matter of Millicker v. Board of Educ., 300 N. Y. 634 ). The other defenses raised as to certain of the petitioners are not considered in view of the over-all disposition made herein. Petition dismissed.

McDermott v. Board of Police for Metropolitan Police District

5 Abb. Pr. 422 · New York Supreme Court · Dec 15, 1857

It is the case of The State v. Samuel Jacobs, a free negro (2 Jones, Law R., 52). … A similar principle was recognized in the case of Graham v. Sackett ( 6 B. Mon., 146 ). In that case, the County Court oí one of the counties in Kentucky removed a jailor without notice to him.

Kortz v. Board of Canvassers of Greene County

12 Abb. N. Cas. 84 · New York Supreme Court · Nov 15, 1882

Welch v. … I invite also particular attention to the case of Morgan v.

Lamberti v. Board of Education

26 Misc. 2d 56 · New York Supreme Court · Sep 30, 1960

while it is true that failure to appeal to the Commissioner of Education in the first instance does not necessarily preclude court review when petitioner relies on the violation of a clear legal right (Matter of Frankle v. … Board of Educ., 173 Misc. 1050 , mod. 259 App. Div. 1006 , affd. 285 N. Y. 541 ; Matter of Jacobson v. Board of Educ., 177 Misc. 809 ), he is so disabled where, as here, no such right exists.

Chamberlin v. Dade County School Board

17 Fla. Supp. 183 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · May 10, 1961

McCollum v. Board of Education (1948), 333 U. S. 203 , 68 S. Ct. 461 , as a precedent for a ruling in this ease. … In Billard v. Board of Education (1904), 69 Kan. 53 , 76 P. 422 , 66 L.R.A. 166 , 105 Am St.

Wright v. Board of Public Instruction

8 Fla. Supp. 139 · Circuit Court of the 5th Judicial Circuit of Florida, Sumter County · Sep 29, 1955

In that opinion the court quoted from its opinion in Board of Public Distraction of Putnam County v. Wright, 77 So. 2d 770 (an opinion which had not then been filed) — “ . . . … Gables Racing Ass’n v. Persky, 156 So. 392 .

Ellison v. Board of Appeals

28 Misc. 2d 552 · New York Supreme Court · May 1, 1961

(Matter of Ellison v. Board of Appeals of City of Long Beach, 25 Misc 2d 749 .) … Matter of Reed v. Board of Stds. & Appeals ( 255 N.

Onondaga County Water District v. Board of Assessors

67 Misc. 2d 797 · New York Supreme Court · Oct 6, 1971

(Matter of Onondaga County Water Dist. v. Board of Assessors, 55 Misc 2d 481 , affd. 30 A D 2d 643, mot. for lv. to app. den. 22 N Y 2d 645.) … Parhlin Operating Corp. v. Miller, 287 N. Y. 126 ; Matter of Queensbury Hotel Corp. v. Board of Assessors of City of Glens Falls, 33 Misc 2d 302 ).

Industrial Board v. Hilti Rapid Fastening Systems, Inc.

28 Pa. D. & C.2d 11 · Pennsylvania Court of Common Pleas, Dauphin County · May 28, 1962

B. v. Kaufmann Dept. … Thompson Products, Inc., 97 Fed. 2d 13, 15; *23 National Labor Relations Board v. Union Pacific Stages, Inc., 99 Fed. 2d 153, 177.’”