Case law

Dwight B. v. Board of Education of City of Newburgh

157 Misc. 2d 1004 · New York Supreme Court · May 3, 1993

v State of New York, 150 Misc 2d 156 , which provides for an aggrieved prisoner’s private right of action). … (See, Spano v Geller, 145 AD2d 623 ; see also, Hawksby v New York Hosp., 162 AD2d 179 .) With the following exception, plaintiff’s motion shall in all respects be denied.

Board of Education, Utica School District No. 1 v. Delle Cese

65 Misc. 2d 473 · New York Supreme Court · Feb 11, 1971

Co. v. China Ins. Co., 297 N. Y. 322 .) … Such a motion has been considered as being determinative of an election to proceed at law and not to depend on the arbitration agreement (Board of Educ. v. Mancuso Bros., 25 Misc 2d *480 122 ).

Burnett v. Snyder

41 Jones & S. 342 · The Superior Court of New York City · Aug 1, 1876

Brown Snyder, against whose property attachments had- been obtained, on the alleged ground of his non-residence. … King v. Leighton ( 58 N. Y. 883 ), is an authority to the effect, that a party to an action cannot be compelled to submit to an examination, at the instance of the adverse party, save as a general witness in the cause.

Hart v. Wolf Township Board of Adjustment

56 Pa. D. & C.2d 531 · Pennsylvania Court of Common Pleas, Lycoming County · May 19, 1972

Aesthetic values may be important considerations when passing on the validity of a zoning ordinance: Bilbar v. Easttown Township Board of Adjustment, 393 Pa. 62 (1958). … See also Anstine v. Zoning Board of Adjustment, supra, at 39; Commonwealth v. Crash, 55 Pa. Mun. L. R. 310, 316 (1964).

New York State Labor Relations Board v. Wags Transportation System, Inc.

16 Misc. 2d 800 · New York Supreme Court · Mar 25, 1954

Co. v. Georgia, 234 U. … Napier v. Atlantic Coast Line, 272 U. S. 605 ; compare Oregon-Washington Co. v. Washington, 270 U. S. 87 with Parker v. Brown, 317 U. S. 341 ; cf. Mintz v. Baldwin, 289 U. S. 346 .

Sunset Development Inc. v. Board of Supervisors

6 Pa. D. & C.4th 559 · Pennsylvania Court of Common Pleas, Chester County · Jul 13, 1990

Commw. 63 , 348 A.2d 485 (1975); Akin v. South Middletown Township Zoning Hearing Board, 120 Pa. Commw. 112 , 547 A.2d 883 (1988); Martorano v. … Boyd v. Zoning Hearing Board of Churchill Borough, 83 Pa. Commw. 110 , 476 A.2d 499 (1984); Atlantic Richfield Co. v. Della Vecchia, 69 Pa. Commw. 235, 450 A.2d 792 (1982); Cohen v. Ford, 19 Pa.

State Board of Funeral Directors v. Fryer

37 Pa. D. & C.2d 726 · Pennsylvania Court of Common Pleas, Dauphin County · Aug 30, 1965

In Sheets v. … Justice (afterwards Chief Justice) Horace Stern made a frequently quoted pronouncement on this subject in Pennsylvania Labor Relations Board v.

Stockburger v. Newtown Borough Board of Adjustment

27 Pa. D. & C.2d 633 · Pennsylvania Court of Common Pleas, Bucks County · Mar 12, 1962

Perhaps the closest analogy among the Pennsylvania cases is Commonwealth v. … In Madison Stores Inc. v. Enkay Sales Corp., 142 N. Y.

Arnoul v. Wallenpaupack School District Board of Directors

37 Pa. D. & C.4th 32 · Pennsylvania Court of Common Pleas, Pike County · Mar 21, 1997

Mascaro v. Youth Study Center, 514 Pa. 351, 361 , 523 A.2d 1118, 1123 (1987). … See Canon-McMillan School District v. Bioni, supra at 322 , 561 A.2d at 855 .

Littlepage v. Board of License & Inspection Review

39 Pa. D. & C.3d 267 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 21, 1985

See, also, Board of Pensions and Retirement v. Einhorn, 65 Pa. Commw. 144 , 442 A.2d 21, 23 (1982). … See, e.g., Commonwealth v. Rudy, 4 Adams L.J. 57 (1961); Liquor Control Board v. Pope, 89 Dauph. 106 (1968). In the present case, Littlepage’s license was revoked pursuant to 18 Pa.C.S. §6109(d) which provides: “(d).

Scranton Counseling Center v. Zoning Hearing Board

2 Pa. D. & C.4th 452 · Pennsylvania Court of Common Pleas, Lackawanna County · May 12, 1989

Where as here, we have not taken additional evidence, our scope of review is limited to determining whether the board committed an error of law and whether its findings are supported by substantial evidence. Raymondo v. … Lake Adventure Inc. v. Zoning Hearing Board of Dingham Township, 64 Pa. Commw. 551 , 440 A.2d 1284 (1982).

Barkovitz v. Plains Township Zoning Hearing Board

43 Pa. D. & C.3d 302 · Pennsylvania Court of Common Pleas, Luzerne County · Jul 7, 1986

Goldberg v. Goldberg, 315 Pa. Super. 333 , 461 A.2d 1307 (1983). … Clemens v. Zoning Hearing Board of Upper Gwynedd Township, 3 Pa. Commw. 71 , 281 A.2d 93 (1971).

Hinkle v. Southampton Township Board of Auditors

15 Pa. D. & C.4th 114 · Pennsylvania Court of Common Pleas, Cumberland County · Jul 14, 1992

Appellee, Southampton Township, Cumberland County, Board of Auditors, filed a report for the year ending December 31, 1991, pursuant to 53 P.S. §65547. The board surcharged appellant $1,315.04. … Guardian Life Insurance Co. v. Zerance, 505 Pa. 345 , 479 A.2d 949 (1984).

Olszewski v. Plains Township Zoning Hearing Board

27 Pa. D. & C.3d 265 · Pennsylvania Court of Common Pleas, Luzerne County · Aug 3, 1983

This Board is of the opinion that the established (sic) has been closed for more than one year as in sebtion 2.063. 3. This Board is of the belief that parking is inadequate as section 6.142.” … and that the board’s contrary conclusion was erroneous.

Andrews v. Weisenberg Township Zoning Hearing Board

19 Pa. D. & C.3d 361 · Pennsylvania Court of Common Pleas, Lehigh County · Jun 22, 1981

Since additional testimony was not presented to the court, our review is limited to a determination of whether or not the board abused its discretion or committed an error of law: Klavon v. … See Page’s Department Store v. Velardi, 464 Pa. 276 , 346 A. 2d 556 (1975).

Grimes v. Hughestown Borough Board of Adjustment

18 Pa. D. & C.3d 229 · Pennsylvania Court of Common Pleas, Luzerne County · Dec 17, 1980

Commonwealth Ct. 435 , 322 A. 2d 420 (1974); Hughes v. Zoning and Hearing Board of Wilkes-Barre, 65 Luz. L.J. 123 (1975); and Hannon v. Zoning Board of the City of Wilkes-Barre, 66 Luz. … Clemens v.

Klem v. Plains Township Zoning Hearing Board

45 Pa. D. & C.3d 62 · Pennsylvania Court of Common Pleas, Luzerne County · Jun 9, 1986

A landowner whose property is directly involved in a zoning appeal is not granted automatic party status in an appeal from a decision of a zoning board, despite the fact that he participated as a party before the board. … Gilchrist v. Zoning Hearing Board of Old Forge Borough, 83 Pa. Commw. 27 , 475 A.2d *65 1366 (1984). Such being the case, Frank Merlino is not properly a party in this appeal with standing to object to Mrs.

Santimyer v. Westmoreland County Board of Elections

9 Pa. D. & C.3d 303 · Pennsylvania Court of Common Pleas, Westmoreland County · Oct 2, 1978

Koontz v. … See Kenneck v. Pennock, 305 Pa. 288 , 157 Atl. 613 (1931), and Kearns v. Howley, 188 Pa. 116 , 41 Atl. 273 (1898).

Rampp v. Luzerne Co. Assessment & Valuation Board

41 Pa. D. & C.3d 166 · Pennsylvania Court of Common Pleas, Luzerne County · Feb 25, 1986

Commw. 292 , 437 A.2d 1291 (1981), and The Church of Our Savior v. … We also find that the case of Christian Literature Crusade, Inc. v. Board of Assessment, 17 Pa. Commw. 63 , 328 A.2d 896 (1974), is factually dissimilar.

Bayuk v. Bucks County Board of Elections

5 Pa. D. & C.3d 328 · Pennsylvania Court of Common Pleas, Bucks County · Dec 20, 1977

Southampton Township on election night, but by virtue of alleged irregularities, his opponent Harry Zambelli was found to be the winner by one vote when the official recount was performed three days later by the county board