Case law

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

187 Misc. 640 · New York Supreme Court · Jul 30, 1946

(Hartung v. People, 22 N. Y. 95 ; People ex rel. Adams v. Johnson, 44 Misc. 550 ; People ex rel. Schali v. Deyo, 181 N. Y. 425 .) … Schlecter v. Jennings, 130 Misc. 748, 750 , affd. 223 App. Div. 814 ) and could utilize the Board of Parole as an agency for the purpose of enforcing the conditions of the commutation. (People ex rel. Ross v.

Harlem Bridge, Morrisania & Fordham Railway Co. v. Town Board of Westchester

27 N.Y.S. 764 · New York Supreme Court · Feb 16, 1894

Pocono Medical Center v. East Stroudsburg Area School District

41 Pa. D. & C.5th 327 · Pennsylvania Court of Common Pleas, Monroe County · Aug 19, 2014

The ESASD Board denied this request by a 9-0 vote on October 21, 2013. PMC Petition, Exhibit E, Letter of Attorney Brown of October 22, 2013. … See Academy Plaza Associates, Ltd. v. Board of Revision of Taxes, City of Philadelphia, 503 A.2d 1101, 1102-03 (Pa.

Tower Forty-One Ass'n v. Zoning Board of Adjustment

19 Fla. Supp. 2d 161 · Circuit Court for the Judicial Circuits of Florida · Sep 18, 1986

Fort Lauderdale Board of Adjustment v. Nash, 425 So.2d 578 (Fla. 4th DCA 1982). The existence of procedural due process is not being questioned. Town of Indialantic v. … Fort Lauderdale Board of Adjustment v. Nash, 425 So.2d at 579 ; Elwyn v. City of Miami, 113 So.2d 849 (Fla. 3d DCA 1959), cert. den., 116 So.2d 773 (1959).

Marallo v. New York State Board of Elections

164 Misc. 2d 33 · New York Supreme Court · Oct 12, 1994

(See, Nemoyer v New York State Bd. of Elections, 125 Mise 2d 1054, affd 105 AD2d 488 .) … Although imperfect, the minutes state what the convention did, that is, nominate candidates Coppola, Rudolph and DiBlasi who were properly certified by the State Board of Elections. Petition is dismissed.

City of Coral Gables v. Coral Gables Retirement Board

16 Fla. Supp. 2d 71 · Circuit Court for the Judicial Circuits of Florida · Oct 4, 1985

See Police Pension Board, City of Hollywood v. Gaines, 389 So.2d 677 (Fla. 4th DCA 1980). The present case is remarkably similar to City of Hialeah v. Willey, 189 So.2d 154 (Fla. 3d DCA 1966). … City of Hialeah v. Willey, 189 So. 2d 194, at 197 .

Walters v. Great Neck Real Estate Board, Inc.

22 Misc. 2d 605 · New York Supreme Court · Dec 4, 1959

(Schnepel v. Board of Educ., 302 N. Y. 94 .) … Collins Tuttle & Co., 6 A D 2d 302, 311; Studley, Inc. v.

Commonwealth v. Queen

7 Va. Cir. 491 · Fredericksburg County Circuit Court · May 5, 1978

The Court of Appeals of the State of New York, presumably the court of last resort of that state, has written a very persuasive opinion, V. J. F. Buck v. Florence S. W. … It distinguishes the New York statute, which effectuates the same result as Virginia’s, by saying that Trimble v.

People ex rel. Widmeyer v. Grunert

122 Misc. 1 · New York Supreme Court · Dec 15, 1923

Matter of Tamney v. Atkins, 209 N. Y. 202 ; Matter of Whitman, 225 id. 1; People ex rel. McCourt v. Whalen, 199 App. Div. 861 . … People v. Whalen, 199 App. Div. 861, 867 ; Matter of Weinfeld, 203 id. 778; People ex rel. Brown v. Freisch, 215 N. Y. 356 . The case of Matter of Smith v. Wenzel, 216 N.

480 Suffolk Realty Corp. v. Board of Assessors

139 Misc. 2d 464 · New York Supreme Court · May 3, 1988

Regulating Dist. v Adirondack League Club, 307 NY 475 ) it can challenge regulation of nonministerial acts which it considers unconstitutional. (Board of Educ. v Allen, 27 AD2d 69 , affd 20 NY2d 109 .) … In Matter of Scales v Board of Educ. ( 41 Misc 2d 391 ), another proceeding in the nature of mandamus, petitioner sought an order requiring a Board of Education to provide home teaching for an infant.

Schulz v. New York State Board of Elections

162 Misc. 2d 551 · New York Supreme Court · Sep 29, 1994

(See, Matter of Bennett v Justin, 51 NY2d 722 ; Matter of Maniscalco v Power, 3 NY2d 918 .) Here, the actual candidates for office were served. … (Matter of Johnson v Joy, 48 NY2d 689, 691 .)

Muriel Towers Co. v. City of New York Rent Guidelines Board

117 Misc. 2d 837 · New York Supreme Court · Feb 4, 1983

The board members discussed, at considerable length, the question of vacancy increases. A number of board members were in favor of granting a vacancy allowance. … The board then voted to defer consideration of mortgage financing costs until after further study. Finally, it also appears that the board’s deliberations were not confined to the June 25 meeting.

Titus St. Paul Property Owners Ass'n v. Board of Zoning Appeals

205 Misc. 1083 · New York Supreme Court · Jul 7, 1954

(Matter of Thomas v. Board of Standards & Appeals, 263 App. Div. 352, 359 , and cases there cited, revd. on other grounds 290 N. Y. 109 ; Barkmann v. Town of Hempstead, 268 App. Div. 785 , affd. 294 N. Y. 805 .) … Y. 288 ; Matter of Lyons v. Prince, 281 N. Y. 557 .) In Matter of Small v.

Dick's Inn, L.L.C. v. Virginia Alcoholic Beverage Control Board

60 Va. Cir. 407 · Virginia Circuit Court · Dec 4, 2002

Virginia Real Estate Comm’n v. Bias, 226 Va. 262, 269 , 308 S.E.2d 123 (1983), see also Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229 (1938). … Slochower v. Board of Higher Educ., 350 U.S. 551 (1956). The burden of proof is on Dick’s to show that the law is not rationally related to a legitimate state purpose.

Lainhart v. West Palm Beach Zoning Board of Appeals

7 Fla. Supp. 42 · Circuit Court of the 15th Judicial Circuit of Florida, Palm Beach County · Jan 7, 1955

The court has considered the transcript of the proceedings before the zoning board of appeals and the findings of that board as well as the evidence presented at the trial before this court on August 20, 1954. … As was stated in City of Miami Beach v. Ocean & Inland Co. (Fla.), 3 So. 2d 364 , a line must be drawn somewhere, and wherever it is placed it is bound to have the appearance of arbitrariness.

Hyland v. New York State Board of Parole

124 Misc. 2d 494 · New York Supreme Court · May 23, 1984

Respondent cites Gonzales v Dalsheim ( 52 NY2d 9 ) as authority for the proposition that this refusal by the Alabama authorities puts petitioner beyond respondents’ convenience and control. … Thus, the refusal of the Alabama authorities to conduct a hearing creates a “significant practical difficulty” (Gonzales v Dalsheim, supra, p 15).

City of New York v. V. I. K. Corp.

6 Misc. 2d 884 · New York Supreme Court · Jan 9, 1957

Y. v. Avenue U Service Center, 5 Misc 2d 795 ). … No mention therein is made with respect to priorities over sovereigns in their claims for taxes (see Matter of Brown Print Co., 285 N. Y. 47 ).

Desantis v. New York State Board of Parole

152 Misc. 2d 40 · New York Supreme Court · Aug 27, 1991

(See, Matter of Rice v Hammock, 99 AD2d 644 ; People ex rel. Herbert v New York State Bd. of Parole, 97 AD2d 128 .) … With respect to the statutory factors required to be considered, the Board is entitled to weigh each as it sees fit. (See, Matter of Gonzales v Rodriguez, 135 AD2d 633 .)

United Taxicab Board of Trade, Inc. v. City of New York

150 Misc. 636 · New York Supreme Court · Nov 10, 1933

Water Co. v. City of Buffalo, 242 N. Y. 202 .) The complaint must, there *638 fore, be dismissed as to the plaintiffs United Taxicab Board of Trade, Inc., and Fannie Levine. … (See, also, City of Buffalo v. Hill, 79 App. Div. 402 ; People v. Jarvis, 19 id. 466 .)

Marks Appeal

8 Pa. D. & C.3d 580 · Pennsylvania Court of Common Pleas, Monroe County · Aug 28, 1978

After proper notices, a hearing was held on January 24, 1978, before James Brown, Esq., a hearing examiner representing the Pennsylvania Liquor Control Board. … Penn Parking Garage, Inc. v.