Case law

Northeast Restoration Corp. v. K & J Construction Co., L.P.

4 Misc. 3d 197 · New York Supreme Court · May 4, 2004

In discussing a court’s duty to avoid a seemingly unintended result from a literal reading of a statute, the Court of Appeals wrote in Abood v Hospital Ambulance Serv. ( 30 NY2d 295, 298 [1972]): “While it is true that, whenever … Brown, Inc. was dismissed by me as per judgment filed April 8, 2003. .

People ex rel. Sears v. Board of Assessors

25 N.Y. Sup. Ct. 386 · New York Supreme Court · Jul 15, 1879

(People v. Roper, 35 N. Y., 629 .)

Cummings v. Board of Governors of State Colleges & Universities

43 Ill. Ct. Cl. 357 · Court of Claims of Illinois · Jun 27, 1991

The Claimant now argues that the Board of Governors’ appearance in the circuit court was a general appearance; and since the Board of Governors did not then object to the failure to file the statutory notice, it waived the … (Munch v. State (1966), 25 Ill. Ct. Cl. 313, 315 .) This Court requires strict compliance with the notice requirement. Slepcevich v. State (1988), 41 Ill. Ct. Cl. 197, 199 .

New Amber Auto Service, Inc. v. New York City Environmental Control Board

163 Misc. 2d 113 · New York Supreme Court · Nov 9, 1994

Assocs. v Tyburski, 70 NY2d 325, 336 , quoting Foss v City of Rochester, 65 NY2d 247 , 253; City of New York v Castro, 160 AD2d 651, 652 ; see also, Connally v General Constr. … Likewise, we find that section 3.3 (a) of the Environmental Control Board Rules and Regulations (15 RCNY 31-53 [a]) is not unconstitutionally vague and is not violative of due process.

Casto Technical Services v. Board of Directors of the State College System

19 Ct. Cl. 52 · West Virginia Court of Claims · Jan 17, 1992

Ryan v. Board of Trustees of the Police Officer's Variable Supplements Fund

138 Misc. 2d 826 · New York Supreme Court · Jan 27, 1988

Co. v Board of Equalization, 451 US 648 ). … (Poggi v City of New York, 109 AD2d 265, 274 [1st Dept 1985].)

Local 1344, Council No. 4 v. Connecticut State Board of Labor Relations

30 Conn. Supp. 259 · Pennsylvania Court of Common Pleas · Mar 12, 1973

-C.I.O., hereinafter referred to as- the union, claims that a decision of the state board of labor relations, hereinafter referred to as the board, dismissing a complaint filed with the board by the union was prejudicial … Muller v. Town Plan & Zoning Commission, 145 Conn. 325, 331 ; State ex rel. McCarthy v. Watson, 132 Conn. 518, 533 .

B & L Development Corp. v. Town of Greenfield

146 Misc. 2d 638 · New York Supreme Court · Feb 20, 1990

Brown, J. The plaintiffs-petitioners pray for an order nullifying and vacating the enactment of the Town Board of the Town of Greenfield of Local Laws, 1989, No. 5 entitled "An Interim Land Use Development Local Law”. … (See, Matter of West Lane Props. v Lombardi, 139 AD2d 748 ; Turnpike Woods v Town of Stony Point, 121 AD2d 715 ; Matter of Dune Assocs. v Anderson, 119 AD2d 574 .)

St. Casimir Lithuanian Society v. Board of Zoning Appeals

10 Conn. Supp. 194 · Pennsylvania Court of Common Pleas · Oct 17, 1941

In business zones (Section III of the ordinance), light industrial zones (Section IV of the ordinance), and industrial Zones (Section V of the ordinance), the sale of alcoholic liquors is permissible only provided the building … Board.

Scarberry v. City of Pataskala Board of Zoning Appeals

99 Ohio Misc. 2d 80 · Licking County Court of Common Pleas · Aug 28, 1998

The issue of standing to challenge a zoning variance was discussed by the Ohio Supreme Court in Willoughby Hills v. C.C. … The latter litigant would, therefore, be unable to demonstrate the necessary unique prejudice which resulted from the board’s approval of the requested variance.’ ” Willoughby Hills at 26-27, 591 N.E.2d at 1205-1206.

Board of Education of the Monroe-Woodbury Central School District v. Wieder

134 Misc. 2d 658 · New York Supreme Court · Feb 10, 1987

of Educ. v Ambach, supra; Anderson v Bennett, US Dist Ct, SDNY, Brieant, J. [85 Civ 8632-CLB]; Matter of Greve v Board of Educ., 43 AD2d 851 [2d Dept], affd. 36 NY2d 673 .) … (Smith v Robinson, 468 US 992 ; Riley v Ambach, 668 F2d 635; see also, Gregg B. v Board of Educ., 535 F Supp 1333 .)

New York State Labor Relations Board v. Club Transportation Corp.

192 Misc. 1000 · New York Supreme Court · Jul 15, 1948

The burden rests upon the board to establish that an unfair labor practice has been-committed. (Matter of Stork Restaurant, Inc. v. Boland, 282 N. Y. 256 ; New York State Labor Relations Board v. Shattuck Co., 260 App. … (Williams v. Quill, 277 N. Y. 1 .) Furthermore, the board has not found that Suburban employees remained as an appropriate unit after June 30, 1945. (Board’s finding No. 54.)

Board of Education of Union Free School District No. 14 v. Allen

32 Misc. 2d 381 · New York Supreme Court · Dec 30, 1961

(Matter of Board of Educ. of City of New York v. Allen, 6 N Y 2d 127, 136.) … (Matter of Ross v. Wilson, 308 N. Y. 605, 608 , emphasis supplied; Matter of Levitch v. Board of Educ., 243 N. Y. 373, 375 .) ” (Italics supplied.) The recent case of Matter of O’Brien v.

Planin v. City of Cleveland, Board of Building Standards

24 Ohio Misc. 1 · Cuyahoga County Common Pleas Court · Jul 20, 1970

To support his contention counsel relies on the eases of Camara v. Municipal Court, 387 U. S. 523 , 18 L. Ed. 2d 930 , and See v. Seattle, 387 U. S. 541 , 18 L. … Thereafter the board proceeded with the hearing. Mr. Gill, of the Division of Housing, advised the board that Mr.

Merchandise Reporting Co. v. L. Oransky & Sons

133 Misc. 890 · City of New York Municipal Court · Jul 1, 1929

That case was decided before Rosenberg Bros. & Co. v. Curtis Brown Co. ( 260 U. … Since the decision in Rosenberg Bros. & Co. v. Curtis Brown Co.

New York State Labor Relations Board v. Post Pharmacy, Inc.

208 Misc. 78 · New York Supreme Court · May 12, 1955

Co. v. New York State Labor Relations Bd., 280 N. Y. 194 -206.) … From 1935 to 1953, the National Labor Relations Board excluded close relatives of management from units of ordinary employees, and this policy was upheld by the Federal courts. (National Labor Relations Bd. v.

New York State Labor Relations Board v. Holland Laundry, Inc.

180 Misc. 1031 · New York Supreme Court · May 16, 1943

(said by the Board to be a “ Balleisen contract,” condemned in National Licorice Co. v. … State Labor Relations Bd. v. Timen, 264 App. Div. 120 ; Stork Restaurant, Inc., v. Boland, 282 N. Y. 256 ; National Labor Relations Bd. v. P. Lorillard Co., 314 U. S. 512 .)

Mountain Manor Development Co. v. Monroe County Board of Assessment Appeals

31 Pa. D. & C.5th 319 · Pennsylvania Court of Common Pleas, Monroe County · Jun 11, 2013

In Marcus Hook Development Park, Inc. v. Board of Assessment Appeals of Delaware County, 449 A.2d 70, 73 (Pa. Cmwlth. 1982), Marcus Hook Development leased acreage from the Borough of Marcus Hook. … See also West Mifflin Area School Dist. v. Board of Property Assessment, 802 A.2d 687, 690 (Pa. Cmwlth. 2002) (subtenant has standing).

Manayunk Neighborhood Council Inc. v. Philadelphia Zoning Board of Adjustment

42 Pa. D. & C.5th 359 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 19, 2014

Lewis v. Civil Serv. Comm’n, 542 A.2d 519, 522 (Pa. 1988); Kosanovich v. Retirement Bd. of Allegheny Cnty., 724 A.2d 420 n. 1 (Pa. Cmwlth. Ct. 1999) (same); see also Banks v. Civil Serv. … The ZBA “as fact finder is the ultimate judge of credibility and resolves all conflicts in the evidence,” Eichlin v. New Home Boro. Zoning Board, 679 A.2d 1173 , 1175 (Pa. Cmwlth.

Hendrix v. Board of Trustees of Southern Illinois University

29 Ill. Ct. Cl. 230 · Court of Claims of Illinois · Feb 14, 1974

These powers establish the Board of Trustees as the principal and the S.I.U. counselors, employed by the Board, as its agents and not agents of the State. "The principal is the source of power in an agency.” Fredrick v. … Murray v. State of Illinois, 24 C.C.R. 339; Hansen v. State of Illinois, 24 C.C.R. 102; Stedman v. State of Illinois, 22 C.C.R. 446; Kamin v. State of Illinois, 21 C.C.R. 467; Finn v.