Case law

Bergansky v. State of New York Liquor Authority

68 Misc. 2d 251 · New York Supreme Court · Nov 24, 1971

(Matter of Brown v. Murphy, 34 Misc 2d 151 , citing cases.) … Board of Bar Examiners, 353 U. S. 232 ; Goldsmith v. Board of Tax Appeals, 270 U. S. 117 .) Matter of Vassallo v. State Liq. Auth. (21 A D 2d 880), relied on by respondent, is distinguishable.

People ex rel. Strough v. Board of County Canvassers

84 N.Y. Sup. Ct. 372 · New York Supreme Court · Apr 15, 1894

Y. 493 ; McKenna v. Edmundstone, 91 id. 231; People v. Quigg, 59 id. 83, 88.) … Stiner v. Morrison, 78 N. Y. 84, 89 ; Smith v. The People, 47 id. 330, 339; Whipple v. Christian, 80 id. 523, 526; Van Vranken v. City of Schenectady, 31 Hun, 516 , 518.)

Travers v. Kelly

12 Misc. 3d 887 · New York Supreme Court · Apr 5, 2006

However, “[n]either the Medical Board nor the Board of Trustees [are] required to identify the actual cause of the heart *891 condition at issue.” (Matter of Stegmuller v Brown, 216 AD2d 23, 23 [1st Dept 1995].) … The operative facts were known to the Medical Board on both occasions. Although the Medical Board’s own conclusion is considered expert opinion (cf Matter of Meyer v Board of Trustees of N.Y.

People ex rel. Whittemore v. Seabury

23 How. Pr. 121 · New York Supreme Court · Feb 15, 1862

By the court, Brown, Justice. The relator, Clark F. Whittemore, was the clerk of the city court of Brooklyn, and prosecutes this writ of mandamus against the defendant, who is the treasurer of the county of Kings. … The defendant refused to pay the relator his salary as fixed by the board of supervisors of the county. It is not disputed that the services of the relator have been rendered, and the salary earned.

Taylor v. New System Prosthetic Dental Laboratory, Inc.

29 Ohio N.P. (n.s.) 451 · Cuyahoga County Common Pleas Court · May 27, 1932

Wittle, 315 Ill., 282 ; Thedeman v. State Board, 214 Mich., 369 ; State v. Board of Dental Examiners, 96 Ore., 529 ; State Board of Dental Examiners v. Pollock, 125 Okla., 170 ; State v. … Brown, 37 Wash., 97 ; Lawrence v. Board of Registration, 239 Mass., 424 ; State, ex rel. Mayers, v. Gray, 114 Ohio St., 270 , and numerous other authorities.

Visconti v. Paino

137 Misc. 2d 1 · New York Supreme Court · Oct 2, 1987

By letter dated September 11, 1987, the Board of Elections notified petitioner that it would not sustain the objections on the grounds that the certificate of nominations was valid on its face and that the Board had no authority … 1 AD2d 954 ; Matter of Tenneriello v Board of Elections, 125 Misc 2d 190 , revd on other grounds 104 AD2d 467 ; compare, Matter of Tamney v Atkins, 151 App Div 309 , revd on other grounds 209 NY 202 ).

Porretta v. Costantino

133 Misc. 2d 436 · New York Supreme Court · Oct 3, 1986

Valdemarsen] v Genesee Hosp., 50 NY2d 113 ; see also, Manhattan Co. v Commissioner, 297 US 129, 134 ; Miller v United States, 294 US 435, 440 ; Whitemarsh v Farnell, 273 App Div 584 , revd on other grounds 298 NY 336 ). … (Brown v University of State of N. Y., 242 App Div 85 , affd 266 NY 598 ; see generally, 2 NY Jur 2d, Administrative Law, § 102.)

Gillespie & Co. of New York, Inc. v. Continental Insurance

14 Misc. 2d 110 · New York Supreme Court · Jun 10, 1958

. *112 The shipments consisted of 1,220 cases of shelled walnuts in wooden cases which were lined with brown paper and wax paper. Then the cases were nailed and marked. … President Buchanan, 236 F. 2d 627 ; American Tobacco Co. v. The Katingo Hadjipatera, 81 F. Supp. 438 , mod. on other grounds 194 F. 2d 449 , cert, denied 343 U.

New York State Association of Community Action Agency Board Members v. Shaffer

125 Misc. 2d 613 · New York Supreme Court · Oct 1, 1984

The petitioners are an unincorporated association and a not-for-profit organization made up of members of the board of directors of organizations, each of which qualifies as an entity eligible for CSBG program funds.

Bachrach v. 1001 Tenants Corp.

41 Misc. 2d 512 · New York Supreme Court · Dec 27, 1963

He is a member of three clubs, on the board of governors of a college and is a former vice-president of the National Board of Girl Scouts. … In late May, the board of directors not yet having acted, plaintiff Alfred Bachrach sought to meet with the board, but was refused an appointment. In July, the board finally met and the matter was discussed.

State v. Wenninger

125 Ohio Misc. 2d 55 · Brown County Court of Common Pleas · Mar 24, 2003

Ohio Board of Regents during defendant’s attendance and certification. … Bielat v. Bielat (2000), 87 Ohio St.3d 350 , 721 N.E.2d 28 .

Browning School v. New York City Conciliation & Appeals Board

122 Misc. 2d 124 · New York Supreme Court · Oct 11, 1983

FACTS AND PROCEDURAL HISTORY Petitioner, the Browning School, in this CPLR article 78 proceeding seeks to vacate the determination of respondent, the New York City Conciliation and Appeals Board (CAB), dated June 3, 1982 … Moreover, a careful factual analysis of the Museum of Modern Art v Kirk (supra), wherein petitioner Museum of Modern Art immediately refused to tender a renewal lease, as distinguished from petitioner Browning School herein

Jardim v. New York State Public Employment Relations Board

177 Misc. 2d 528 · New York Supreme Court · Jul 2, 1998

In this CPLR article 78 proceeding, petitioner Leroy Jardim seeks a judgment annulling the January 30, 1998 decision of respondent New York State Public Employment Relations *529 Board’s (PERB) Administrative Law Judge (ALJ … agency must exhaust available administrative remedies before being permitted to litigate in a court of law (e.g., Young Men’s Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 375).

People ex rel. Prospect Park & Coney Island Railroad v. Board of Assessors

4 N.Y.S. 85 · New York Supreme Court · Feb 11, 1889

People ex rel. American Road Machine Co. v. Town Board of Auditors

80 N.Y. Sup. Ct. 615 · New York Supreme Court · Nov 15, 1893

Hardwicke v. Board of Education of Union Free School District No. 8

46 N.Y. Sup. Ct. 652 · New York Supreme Court · Jan 15, 1886

Phillips v. Hunter

6 Ohio Cir. Dec. 746 · Lucas Circuit Court · Sep 28, 1895

•state board of equalization of $3,318. … Brown & Geddes, Attorneys for Plaintiff. J. A. Barber, Attorney for Defendant.

Bastianelli v. Board of Education of Union Free School District No. 1

65 Misc. 2d 11 · New York Supreme Court · Nov 30, 1970

The petitioner alleges that two previous actions of the Board of Education were in violation of the statutes, and further, the petitioner did not receive ample notice to prepare for a hearing ordered by the Board of Education … The issue here is whether the Board of Education should be restrained from conducting a hearing because of their previously illegal action.

San Remo Copper Mining Co. v. Moneuse

132 N.Y.S. 570 · New York Supreme Court · Aug 22, 1911

Ed. 254 ; Guernsey v. Cook, 120 Mass. 501 ). Such also is the law of this state. Bliss v. Matteson, 45 N. Y. 22 ; Barnes v. Brown, 80 N. Y. 528 , 535; Kountze v. Flanagan, 19 N. Y. … Hollis v. Drew, 95 N. Y. 166, 175 ; Bard v. Poole, 12 N. Y. 495 ; Vanderpoel v. Gorman, 140 N. Y. 563 , 35 N. E. 932 , 24 L. R A. 548, 37 Am. St. Rep. 601 ; Milnor v. Railroad Co., 53 N. Y. 363 , 367.

People v. Evans

147 Misc. 2d 811 · New York Supreme Court · Apr 20, 1990

He found a brown paper bag inside the gym bag. Once again, the sergeant went through the routine, asking whether the brown bag was hers. … Justice Felice Shea rejected an argument of voluntary consent in a case involving the Amtrack police at Penn Station in People v Brown (ind No. 13021/89).