Case law

Stockwicz v. Corning Community College

90 Misc. 2d 55 · New York Supreme Court · Apr 12, 1977

(Brown v North Country Community Coll., 63 Misc 2d 442 ; Horacek-Hayden v County of Monroe, ( 65 Misc 2d 196 .) … (Matter of Weinstein v Caso, 44 AD2d 690 .) Pursuant to CPLR 2001, the court directs that the defendant in this proceeding is correctly designated henceforth as Board of Trustees of Corning Community College.

Natelson Bros. v. New York State Labor Relations Board

194 Misc. 635 · New York Supreme Court · Mar 31, 1949

To the contrary, the National *637 board ceded jurisdiction to the State board which then properly proceeded to enforce the State act (Labor Law, art. 20, § 700 et seq.). (Matter of Davega-City Radio v. … The board’s findings were supported by substantial evidence and the order was properly made. This justifies enforcement of the order. (Matter of Stork Restaurant v. Boland, 282 N.

State Teachers Retirement Bd. v. Board of Tax Appeals

29 Ohio Law Rep. 27 · Franklin County Court · Nov 25, 1964

Escambia County Civil Service Board v. Escambia County Commission

33 Fla. Supp. 116 · Circuit Court of the 1st Judicial Circuit of Florida, Escambia County · Apr 9, 1970

Suppose the board of public instruction should pass a resolution purporting to abolish the civil service board, could it be reasonably argued that the members of such latter board would not have redress to the courts to test … their stead a new system and a new board.

Jackson v. Lower Gwynedd Township Zoning Board of Adjustment

45 Pa. D. & C.2d 413 · Pennsylvania Court of Common Pleas, Montgomery County · Jun 26, 1968

Therefore, the scope of our inquiry shall be limited to the issues of whether the board committed either a manifest abuse of discretion or an error of law in granting the intervenors a special exception: Gross v. … A “home occupation” has been defined by the Supreme Court of Pennsylvania as a use which is both incidental to the use of a property as a home and customarily conducted in a dwelling: Boreth v.

Haven v. Wentworth

2 N.H. 93 · Superior Court of New Hampshire · Sep 15, 1819

People ex rel. Barrows v. Board of Supervisors

23 How. Pr. 395 · New York Supreme Court · Jul 3, 1862

I overrule the demurrer in this case, on the ground that the relators have not presented their claim to the board of supervisors, to be audited by them, as required by the provisions of chapter 83, Laws 1861, p. 158. … to the boards to be audited by them.

Braunstein v. Board of Examiners of Nursing Home Administrators

105 Misc. 2d 91 · New York Supreme Court · Jul 28, 1980

(Matter of Yannett v Berman, 65 AD2d 667 , revd on other grounds 49 NY2d 750 .) … (Matter of Sturman v Public Health Council, 58 AD2d 389 ; Matter of Bergman v Whalen, 89 Misc 2d 237 , affd 60 AD2d 687 .)

Cleveland Board of Education v. Armstrong World Industries, Inc.

22 Ohio Misc. 2d 18 · Cuyahoga County Common Pleas Court · Mar 26, 1985

Plaintiff, Cleveland Board of Education, filed this action on February 15, 1984. … Vinci v. American Can Co., supra. Class members in this case, however, are comprised of parts and not entities. In actuality, each class member is a building and not a school board.

Lewis v. Graves

127 Misc. 135 · New York Supreme Court · Apr 15, 1926

Brown ( 125 Misc. 692 ), render it the positive duty of the State Commissioner to restrain, by the exercise of his power, the further continuance of the alleged unlawful practice and regulation of the board of education of … (Matter of International Railway Co. v. Schwab, 203 App. Div. 68 ; People ex rel. Judge v. Hylan, 200 id. 430; People ex rel. Wooster v. Maher, 141 N. Y. 330 ; People ex rel. Clapp v.

People ex rel. Canton Bridge Co. v. Board of Auditors

42 Misc. 116 · New York Supreme Court · Dec 15, 1903

The rejection of a claim on its merits by a board of town auditors is a bar to a subsequent presentation and audit (People ex rel. Myers v. Barnes, 114 N. Y. 317 ), but it is not so if the rejection is for other cause. … Osterhoudt v. Rigney, 98 N. Y. 222 -234; People ex rel. Andrus v. Town Auditors, 33 App. Div. 277 .

Lifson v. Board of Education of the Nanuet Public Schools

124 Misc. 2d 483 · New York Supreme Court · Apr 27, 1984

The construction of this statute (Education Law, § 2509, subd 1, par [a]) must be upheld if not irrational or unreasonable (Ma tter of Ward v Nyquist, 43 NY2d 57 ; Matter of Brewer v Board of Educ., 51 NY2d 855 ; Matter of … Robins v Blaney, 59 NY2d 393 ).

Mulgrew v. Board of Education of the City School District

28 Misc. 3d 204 · New York Supreme Court · Mar 26, 2010

Fidler, Theodore Garcia, Vanessa Wallace, Hector Nazario, James Devor, Belinda Brown, Stefanie Siegel and Dan Simoes 1 bring this CPLR article 78 proceeding against respondents, the Board of Education of the City School District … (CPLR 7803 [3]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974].)

Kaung v. Board of Managers of Biltmore Towers Condominium Ass'n

22 Misc. 3d 854 · New York Supreme Court · Dec 10, 2008

Owners Assn, v Liscia, 169 AD2d 712 [2d Dept 1991]; Lesal Assoc, v Board of Mgrs. of Downing Ct. … “[T]he aim is a practical interpretation of the expressions of the parties to the end that there be a ‘realization of [their] reasonable expectations’ ” (Brown Bros. Elec. Contrs. v Beam Constr.

Cook Coffee Co. v. Hamilton County Board of Revision

31 Ohio Misc. 119 · Court of Common Pleas of Ohio, Hamilton County · Dec 28, 1971

Park Investment, v. Board of Tax Appeals (1968), 16 Ohio St. 2d 85 , and reiterated in State, ex rel. Park Investment, v. Board of Tax Appeals (1971), 26 Ohio St. 2d 161 . … It is argued by the Board of Revision that in Phelps Realty v. Board of Revision (1968), 16 Ohio St. 2d 83 , handed down on December 24, the same day as State, ex rel. Park Investment, v.

Kaywell Co. v. Zoning Board of Appeals

10 Conn. Supp. 462 · Pennsylvania Court of Common Pleas · Mar 11, 1942

Zoning Board of Appeals, supra. … Zoning Board of Appeals, supra.

National Board of Marine Underwriters v. National Bank

29 N.Y.S. 698 · The Superior Court of the City of New York and Buffalo · Jul 2, 1894

Welsh v. Bank, 73 N. Y. 424 ; Shipman v. Bank, 126 N. Y. 320 , 27 N. E. 371 ; Frank v. Bank, 84 N. Y. 213 ; Quincey v. White, 63 N. Y. 370 .

United Artists Eastern Theatres, Inc. v. Board of Assessors

76 Misc. 2d 26 · New York Supreme Court · Nov 8, 1973

Y. v. Christensen, 24 N Y 2d 1002.) The petitioner stresses People ex rel. Byler v. … Bank v. Purdy ( 196 N. Y. 270 ).

Caruso v. Board of Managers of Murray Hill Terrace Condominium

146 Misc. 2d 405 · New York Supreme Court · Jan 9, 1990

Real Property Law § 339-v provides, in pertinent part, as follows: "§ 339-v. Contents of by-laws "1. … Towards this end, not every technical failure of the Board to strictly follow the procedures for amending the bylaws necessarily requires the court to invalidate such action by the Board (Board of Managers v Gans, 72 Misc

Finger Lakes Preservation Ass'n v. Town Board

25 Misc. 3d 1115 · New York Supreme Court · Oct 8, 2009

(Matter of Jackson v New York State Urban Dev. Corp., 67 NY2d 400 [1986].) … (Aldrich v Pattison, 107 AD2d 258, 266 [2d Dept 1985].)