Case law

Rochester Club v. New York State Labor Relations Board

73 Misc. 2d 589 · New York Supreme Court · Apr 10, 1973

This order of the board is analogous to the order of the -State Bent Administrator in Matter of Fiesta Realty Corp. v. McGoldrick ( 308 N. … Union, Local 32E, AFL-CIO, 33 SLRB 45; Matter of Barer v. Factory & Bldg. Employees Union, 33 SLRB 292; Matter of Cooper v. Service Employees Int. Union Local 32B, AFL-CIO, 33 SLRB 493; Matter of Greenfield v.

Korniczky v. Sunderland

175 Misc. 2d 912 · New York Supreme Court · Feb 18, 1998

By *921 virtue of both Election Law §§ 15-138 and 16-100 5 (see, Matter of Brown v Ulster County Bd. of Elections, 48 NY2d 614 [1979]), this court may grant “[a] candidate’s request to give enrolled voters of [a] [political … Under all of the circumstances presented, the court therefore grants Guidry’s application that a new nominating caucus be ordered (see, Matter of Brown v Ulster County Bd. of Elections, supra; see also, Matter of Winn v Washington

Board of Education, Central School District No. 1 v. Byram Hills Teachers' Ass'n

74 Misc. 2d 621 · New York Supreme Court · May 10, 1973

Where the item subject to arbitration is contrary to public policy or violates a statute an award thereunder must be vacated (Matter of Associated Teachers of Huntington v. Board of Educ. Union Free School Dist. … Board of Educ., Union Free School Dist.

Sights & Brightwaters Investors, Ltd. v. Virginia Alcoholic Beverage Control Board

44 Va. Cir. 359 · Newport News County Circuit Court · Jan 29, 1998

Johnston-Willis, Ltd. v. Kenley, 6 Va. App. 231, 242 , 369 S.E.2d 1 (1988). … Virginia Real Estate Comm’n. v. Bias, 226 Va. 264, 269 , 308 S.E.2d 123 (1983). Sights’ argument that the Board’s decision was arbitrary or capricious is not supported by the evidence.

Smith v. Fletcher

1 Wilson 34 · Indiana Superior Court · Jul 1, 1871

Litson v. Brown, supra. This presumption of law may be rebutted; it is not conclusive. The presumption may be repelled in a variety of ways. … Mott v. Comstock, 8 Wend., 544 ; Baker v. Barney, 8 Johns. Rep.; Turner v. Lewis, 10 Johns. Rep., 38.

Triplett v. State

29 Ohio C.C. Dec. 565 · Summit Circuit Court · Oct 12, 1912

State v. Gardner, supra, 606. … . ’ ’ In the case of State v.

City of Norfolk Wetlands Board v. Virginia Marine Resources Commission

54 Va. Cir. 294 · Norfolk County Circuit Court · Dec 21, 2000

If the Board had no standing to file its Petition, then the Petition would have no *298 “legal effect,” meaning that its efficiency as a “pleading” would be negated. 1 See e.g., Jordan v. … D’Alessio v. Lukhard, 5 Va. App. 404, 407 , 363 S.E.2d 715, 717 (1988).

Jones v. Erie Insurance Group

13 Pa. D. & C.3d 160 · Pennsylvania Court of Common Pleas, Westmoreland County · Jan 24, 1980

In Long v. Rockwood Insurance Company, the Court of Common Pleas for Philadelphia County held that a claim for benefits under the No-fault Act may be commenced by Petition and Rule. … The Long case was followed in three Philadelphia County cases, Brown v. SEPTA, Simonds v. Safeguard Mutual Insurance Company, and Polcino v. GEICO.

Albany Port District Commission v. Board of Assessment Review

140 Misc. 2d 430 · New York Supreme Court · Jul 25, 1988

Co. v City of New York, 282 NY 306 .) In any event, section 404 does not contain any requirement that the land be held for a public use. … (Matter of New York State Teachers’ Retirement Sys. v Srogi, 84 AD2d 912 , affd 56 NY2d 690 .)

Spaid v. Liverpool Central School District

169 Misc. 2d 41 · New York Supreme Court · Mar 22, 1996

(Matter of Heintz v Brown, 80 NY2d 998 ; Matter of Board of Educ. v Sobol, 210 AD2d 675 .) … The court’s role is limited; it may not disturb factual determinations (Matter of Heintz v Brown, supra, at 1000), nor weigh the evidence (Matter of Pell v Board of Educ., supra, 34 NY2d, at 230), nor substitute its judgment

Duran Roofing, Inc. v. Metropolitan Dade County Construction Trades Qualifying Board

24 Fla. Supp. 2d 183 · Circuit Court for the Judicial Circuits of Florida · Aug 20, 1987

Brown v. … Allen v. Board of Public Instruction of Broward County, App., 214 So.2d 7 (1968), and City of Tallahassee v. Florida Public Service Com’n, 441 So.2d 620 (1983).

Burnett v. Snyder

13 Jones & S. 577 · The Superior Court of New York City · Mar 3, 1879

Mirror Ridge Homeowners Ass'n v. Loudoun County Board of Supervisors

51 Va. Cir. 406 · Loudoun County Circuit Court · Mar 10, 2000

Rinker v. City of Fairfax, 238 Va. 24, 28 (1989). An aggrieved party is precluded from making a direct judicial attack on a zoning decision if he has failed to exhaust “adequate and available administrative remedies.” … Henrico County v. Market Inns, Inc., 228 Va. 82, 86 (1984). Complainants argue that they are only seeking an interpretation by the Court of its decree, a power that rests only with the Court. The Court disagrees.

River Drive Construction Corp. v. Board of Standards & Appeals

30 Misc. 2d 139 · New York Supreme Court · May 31, 1961

Corp. v. Murdock, N. Y. L. J., June 11, 1946, p. 2314, col. 2 [Hammer, J.]; Matter of Seinfeld v. Murdock, 2 Misc 2d 525 [Arkwright, J.].) In Matter of Aisloff v. Murdock (81 N. Y. S. 2d 872), Mr. … (See Matter of Reed v. Board of Stds. and Appeals, 255 N. Y. 126, 135, 136 ; Matter of Magde v. Crowley, 200 Misc. 109, 111 .) Additional reasons are present to confirm the judgment of . the court.

Rice v. Board of Education of Central High School District No. 2

40 Misc. 2d 1092 · New York Supreme Court · Nov 19, 1963

by the respondent Board of Education. … (Matter of Bentley v. Herminger, 10 A D 2d 900.)

Board of Education of Central School District No. 3 v. County of Westchester

34 Misc. 2d 795 · New York Supreme Court · Jul 5, 1962

Protective Union, supra, p. 52; McHenry v. Jewett, 90 N. Y. 58 ; People v. Canal Bd. of State of N. Y., 55 N. Y. 390 ). … McCarty v. Natural Carbonic Gas Co. ( 189 N.

Gaines v. Health Services Foundation

80 Va. Cir. 336 · Charlottesville County Circuit Court · Apr 30, 2010

Facts The Plaintiff, Airianna Gaines, an infant, by her mother and next friend, Amy Brown, alleges that Ms. Fillers (now Jennifer L. … In James v.

Board of Directors of 345 Fullerton Parkway Condominium Ass'n v. Teachers' Retirement System

50 Ill. Ct. Cl. 396 · Court of Claims of Illinois · Mar 20, 1998

As our Supreme Court held in People v. … See, also, Williams v. Medical Center Comm’n (1975), 60 Ill. 2d 389 , 328 N.E.2d 1 ; Ellis v. Board of Governors of State Colleges and Universities (1984), 102 Ill. 2d 387 , 80 Ill.

Environmental Defense Fund, Inc. v. Virginia State Water Control Board

25 Va. Cir. 64 · Richmond County Circuit Court · Mar 6, 1991

Lawler, for a temporary stay of the State Water Control Board (Board) decision to amend VPDES permit No. VA0003646 issued to Westvaco, Inc. Westvaco has been granted permission to intervene. … See, e.g., Johnston-Willis v. Kenley, 6 Va. App. 231 , 369 S.E.2d 1 (1988). The choice on the part of the Board to use a standard which allows detection by current EPA methodology is not outside of its authority.

Manton v. New York City Board of Standards & Appeals

117 Misc. 2d 255 · New York Supreme Court · Sep 24, 1982

(People v Cruz, 48 NY2d 419 ; People v Illardo, 48 NY2d 408 .) … (See People v Cruz, supra; People v Illardo, supra.) This statute may sweep a wide path, but it sweeps very neatly. The determination of the board of standards and appeals is upheld, and the petition is dismissed.