Case law

Hession v. Board of Education of Webb Schools

111 Misc. 2d 351 · New York Supreme Court · Nov 10, 1981

(Matter of Lynch v Nyquist, 41 AD2d 363, 365 , affd 34 NY2d 588 .) … (Matter of Chambers v Board of Educ., 47 NY2d 279 .) Respondent urges that at this late date, the removal of a teacher with least seniority could result in major problems in administration.

People ex rel. Long v. New York State Board of Parole

92 Misc. 2d 895 · New York Supreme Court · Dec 22, 1977

Petitioner seeks to review the board’s determination. It is now settled that reasons must be given by the board in fixing MPI. (Matter of Speed v Regan, 50 AD2d 1100 , affd 42 NY2d 1087 .) … Matter of Consilvio v New York State Bd. of Parole, 57 AD2d 955 ; Matter of Gonzague v New York State Bd. of Parole, 58 AD2d 707 .)

Tilson v. Bark

52 Misc. 2d 338 · New York City Family Court · Nov 21, 1966

Doley (22 A D 2d 769): “ The proceeding to establish paternity is a civil judicial proceeding and except where otherwise prescribed by the Family Court Act or by rule of the Administrative Board, the procedure is governed … Burch, 18 A D 2d 964; Appelbaum v. Appelbaum, 273 App. Div. 966 ; cf. Brown v. Brown, 20 A D 2d 860) hardly apply to a situation that does not involve the marital relation and its confidences.

Beef Burger, Inc. v. Board of Zoning Appeals of Mayfield Heights

29 Ohio Law Rep. 45 · Cuyahoga Circuit Court · Dec 9, 1964

Board of Education of Bowling Green City School District v. Beverstock

7 Ohio C.C. (n.s.) 373 · Wood Circuit Court · Nov 25, 1905

That on August 21, 1905, the Board of Education of the Bowling Green City School District authorized the defendant, Newton R. … If the teachers who are employed or named by the board prior to the 20th, the date of the institute, had been employed or named by the board as teachers after institute closed on the 25th they certainly would have been unemployed

People ex rel. Sutliff v. Board of Sup'rs of Fulton County

20 N.Y.S. 280 · New York Supreme Court · Sep 29, 1892

-This proceeding is against the board of supervisors as a board or body, and not against the individual supervisors of Fulton county. The defendant is to make a return as a board.

Kanawha Office Equipment, Inc. v. West Virginia Board of Chiropractic Examiners

13 Ct. Cl. 159 · West Virginia Court of Claims · Mar 6, 1980

Alvarez v. Metropolitan Dade County Environmental Quality Control Board

48 Fla. Supp. 2d 56 · Circuit Court for the Judicial Circuits of Florida · Jun 11, 1991

It is not our function to second guess the Board or to substitute our judgment for that of the Board where there is a competent basis for its action. … Jones v Fox, 23 Fla. 454 , 2Do. 700 (1887). This is not to suggest that had a continuance request been made and granted, the outcome would have been any different.

Hadden v. New York State Board of Parole

95 Misc. 2d 211 · New York Supreme Court · Jun 3, 1978

(People v Kowalski, 159 Misc 493 .) "The decision of the grand jury is justly entitled to great weight and should not be brushed aside or ignored.” (People v Pack, 179 Misc 316, 323 .) … See, also, People v Dillon ( 197 NY 254, 259 ) where it was stated, "when one grand jury has dismissed a bill it cannot be presented to another grand jury without leave of the court.”

City of Schenectady v. New York State Public Employment Relations Board

135 Misc. 2d 1088 · New York Supreme Court · Nov 25, 1986

The city appealed to the full Board, and by decision dated July 10, 1986 the Board affirmed the Administrative Law Judge. … Section 205 establishes the Public Employment Relations Board and defines its duties.

Tyler v. Board Members of Adirondack Park Agency

92 Misc. 2d 754 · New York Supreme Court · Jan 6, 1978

Board of Members of Adirondack Park Agency, 86 Misc 2d 818 ), appealed by respondents and affirmed by the Appellate Division, Third Department, in its decision of June 30, 1977 ( 58 AD2d 718 ). … (Matter of Tyler v Board of Members of Adirondack Park Agency, supra.) . Petitioner had completed the entire construction of his new dwelling prior thereto.

Bruce Appeal

41 Pa. D. & C.2d 195 · Pennsylvania Court of Common Pleas, Cambria County · Sep 12, 1966

In accordance with subsection (6) of section 315 of the act, the commission filed with the prothonotary a certified record of the complete proceeding and resolution of the board, which cites the provisions of the act without … legislature, that the hearing shall be de novo, this court may make a judicial review of the ex parte administrative decision of the commission, and change the penalty to fit the violation, if any: Pennsylvania Game Commission v.

Sodaro's Electronics v. Board of Directors of the State College System

19 Ct. Cl. 222 · West Virginia Court of Claims · Feb 5, 1993

People ex rel. Garcia v. New York State Board of Parole

87 Misc. 2d 855 · New York Supreme Court · May 21, 1976

The court has read the transcript of the hearing held before the three members of the Parole Board. … De Gaglia v New York State Bd of Parole, Sup Ct, Dutchess County, Dec. 30, 1975, Sweeney, J.).

People ex rel. Colvin v. New York State Board of Parole

75 Misc. 2d 432 · New York Supreme Court · Aug 24, 1973

(See, also, People v. Colabella, 31 A D 2d 827; and People v. Klein, 35 A D 2d 528.) The policy upon which youthful offender treatment is based also dictates that section 75.10 (subd. 2, par. [c], cl. … (People v. Shannon, 1 A D 2d 226, affd. 2 N Y 2d 792.)

Community Planning Board. No. 4 (Manhattan) v. Homes for the Homeless

158 Misc. 2d 184 · New York Supreme Court · Mar 9, 1993

Sabol sent a letter (the Fair Share Letter) to Mayor Dinkins (with a copy to, among others, plaintiff Manhattan Community Board No. 4), purportedly in accordance with article 9-1 of the Fair Share Criteria (62 RCNY Appendix … Block Assn. v Volunteers of Am. of Greater N.

Church v. New York Tribune Ass'n.

63 Misc. 578 · New York Supreme Court · Jun 15, 1909

The whereabouts of the different men will be investigated by the board of magistrates at its next meeting.” … Brown, 8 Johnson, 50 .)” The doctrine in Foot v. Brown was discussed at length in the later case of Secor v. Harris, 18 Barb. 425 , and the principle contended for declared unsound.

Brabham Petroleum Co. v. Virginia Alcoholic Beverage Control Board

61 Va. Cir. 36 · Virginia Circuit Court · Jan 14, 2003

See Tucker v. … have been chosen by a number of the members of this Court, had they been in the Board’s position); McQuay v.

Kendall Auto Parts, Inc. v. Board of County Commissioners

20 Fla. Supp. 2d 170 · Circuit Court for the Judicial Circuits of Florida · Jan 26, 1987

The attorneys made statements, not under oath, after which the Commission acted by overruling the Zoning Appeals Board resolution. This identical situation was addressed in A Second Chance, Inc. v. … Houck v. State, 421 So.2d 1113 (Fla. 1st DCA 1982).

Caparco v. Kaplan

36 Misc. 2d 653 · New York Supreme Court · Nov 5, 1962

Y. 613 ; Matter of Board of Educ. of City of Beacon v. State Dept. of Educ., 275 App. Div. 1041 ; Matter of McDermott v. Johnson, 1 Misc 2d 55, 57 , supra; Brown v. Bates, 102 N. Y. S. 2d 859, 860). … (See, also, Matter of Browne v. Board of Parole, 10 N Y 2d 116, 122; Matter of Board of Educ. of City of Beacon v. State Dept. of Educ., 275 App. Div. 1041 , supra; Matter of Zorach v. Clauson, 86 N. Y.