Case law

New York State Labor Relations Board v. Mill Road Live Poultry Market, Inc.

182 Misc. 556 · New York Supreme Court · Nov 13, 1943

The credibility of evidence is for the Board. (National Labor Relations Bd. v. Western Cartridge Co., 138 F. 2d 551 .) “* * * the duty of weighing the evidence and making the choice rests solely upon the Board.” … (Matter of Stork Restaurant, Inc., v. Boland, 282 N. Y. 256, 267 .) And the matter of respondents’ intent is not the crucial issue. (National Labor Relations Bd. v. Hudson Motor Car Co., 128 F. 2d 528, 533 .)

Board of Education of Sewanhaka Central High School District v. Surles

145 Misc. 2d 149 · New York Supreme Court · Sep 25, 1989

. * In this petition the Board of Education of Sewanhaka Central High School District (Sewanhaka) seeks judgment annulling and setting aside the determination of respondent Commissioner, New York State Office of Mental Health … (Martini v Rockefeller, 38 AD2d 858 [2d Dept 1972]; Matter of Scarsdale-Harney Corp. v Briante, 11 AD2d 777 [2d Dept 1960].)

Klapper v. Shapiro

154 Misc. 2d 459 · New York Supreme Court · Apr 24, 1992

(Duboff v Board of Higher Educ., 34 AD2d 824 .) Statements of legal conclusion, even if inconsistent, are permissible. (River House Realty Co. v Lico Contr., 172 AD2d 426 ; CPLR 3013, 3014, 3026.) … (Hansen v Morgan, supra; St. Paul Guardian Ins. Co. v John *466 son, supra; Comeaux v Brown & Williamson Tobacco Co., supra.)

People ex rel. Navarro v. Green

2 Thomp. & Cook 62 · New York Supreme Court · Oct 15, 1873

Brown v. Green, 43 N. … Brown v. Green, supra.

In re McVann

96 Misc. 2d 879 · New York Supreme Court · Jun 16, 1978

(Matter of Ochs v Washington Hgts. Fed. Sav. & Loan Assn., 17 NY2d 82 .) When State courts deal with the internal affairs of Federal Savings and Loan Associations they apply Federal law. (Murphy v Colonial Fed. … Federal Home Loan Bank Board regulations have the force and effect of a statute. (City Fed. Sav. & Loan Assn. v Crowley, 393 F Supp 644 .)

Commonwealth v. Smith

26 Pa. D. & C. 440 · Philadelphia County Court of Quarter Sessions · Feb 24, 1936

In State v. … Illinois State Reformatory, 148 Ill. 413 ; People v. Joyce, 246 Ill. 124 ; State v. Peters, 43 Ohio 629 ; Com. v. Brown, 167 Mass. 144 ; Miller v. State, 149 Ind. 607 ; Davis v. State, 152 Ind. 34 ; People v.

In re Gilfillan

58 Misc. 273 · New York Supreme Court · Mar 15, 1908

Brown, J. … On or about June 29, 1905, the State Board of Tax Commissioners reported to the State Civil Service Commission that the State Board of Tax Commissioners had approved of such positions; and thereupon the State Civil Service

Goldin v. Board of Education of Central School District No. 1

78 Misc. 2d 972 · New York Supreme Court · Dec 27, 1973

This case is unlike the situation in Puentes v. Board of Educ. of Union Free School Dist. … For reasons stated in Matter of Jerry v. Board of Educ. of City of Syracuse ( 75 Misc 2d 461 ) the constitutional contention is overruled (cf., also, Matter of Stewart v. Parker, 41 A D 2d 785, 786).

Smith v. Anchorage Associates

131 Misc. 2d 622 · New York Supreme Court · Feb 25, 1986

motion by defendant Suffolk County Department of Health Services (Suffolk County) to dismiss the complaint for failure to state a cause of action, together with the cross motion by defendants Town of Babylon, Noto, Dalcol, Brown … Assoc. v Mayor of Bass Riv.

Pride of King George, Inc. v. King George County Board of Supervisors

33 Va. Cir. 87 · King George County Circuit Court · Nov 5, 1993

In Fairfax County v. County Executive, 210 Va. 253 (1969), relied on by Plaintiffs, the county undertook to contract for a community rail service. … Count V The Agreement is an Unlawful Bartering Away of Legislative and Police Powers Plaintiffs contend here that, in essence, this is a bilateral agreement wherein the Board forgoes its exercise of legislative and police

Connell v. Board of Education of City School District of Utica

119 Misc. 2d 913 · New York Supreme Court · Mar 9, 1983

The leading cases are Matter of Board of Educ. v Nyquist (supra), Ricca v Board of Educ. ( 47 NY2d 385 ), and Matter of Feinerman v Board of Coop. Educational Servs. (supra). … (Matter of Board of Educ. v Nyquist, 59 AD2d 76, 77 , supra.)

People ex rel. Jamaica Water Supply Co. v. State Board of Tax Commissioners

65 Misc. 630 · New York Supreme Court · Jan 15, 1910

A writ of certiorari was heretofore issued in this proceeding to review the action of the State Board of Tax Commissioners in assessing the special franchises of the relator in the borough of Queens, city of ¡New York, county … of Tax Commissioners with respect to said assessment, and remitting the matter to the State board for further consideration and new assessment.

Board of Education of Union Free School District No. 3 v. Ace Test Boring, Inc.

47 Misc. 2d 864 · New York Supreme Court · Sep 23, 1965

(Bloom v. New York City Tr. Auth., 20 A D 2d 687; Garcia v. New York City Tr. Auth., 19 A D 2d 530; Williams v. New York City Tr. Auth., 43 Misc 2d 949 .) … [d]; Baczmaga v. Reynolds, 44 Misc 2d 997 ). However, the work orders and other papers referred to are obviously too great in number and complex in detail to permit production now.

F&L Realty v. Lackawanna County Board of Assessment & Revision of Taxes

78 Pa. D. & C.4th 22 · Pennsylvania Court of Common Pleas, Lackawanna County · Nov 16, 2005

The Deitch Company v. Board of Property Assessment, Appeals and Review of Allegheny County, 417 Pa. 213, 221 , 209 A.2d 397, 402 (1965); see also, Green v. … In the case of In re PP&L Inc. v. Luzerne County Board of Assessment Appeals, 838 A.2d 1 (Pa.

Wagner v. Bell

70 Pa. D. & C. 411 · Pennsylvania Court of Common Pleas, Lehigh County · Oct 17, 1949

In Kemper v. Fort, 219 Pa. 85 , Mr. … Both boards act in an area unknown to the common law but in making decisions it cannot be said that their functions are other than judicial. It has been held in Shortz v.

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

106 Misc. 2d 916 · New York Supreme Court · Nov 20, 1980

This court has already determined that the Attorney-General has not given a sufficient explanation for failure of the Parole Board to comply with the statute. Upon examination of People ex rel. … Levy v Dalsheim ( 48 NY2d 1019 ) and People ex rel. Johnson v New York StateBd. of Parole ( 71 AD2d 595 ) the court finds that the provisions of section 259-i of the Executive Law are to be strictly construed.

New York City School Boards Ass'n v. Board of Education of the City School District

84 Misc. 2d 237 · New York Supreme Court · Nov 19, 1975

Teachers of Huntington, 30 NY2d 122 ; Council of Supervisors v Board of Educ., 73 Misc 2d 783 , affd 42 AD2d 930 ; Community School Dist. … No. 5 of City of N.Y. v Board of Educ, NYLJ, Nov 12, 1975, p 8, col 1).

Board of Education of Roslyn Union Free School District v. Nyquist

90 Misc. 2d 955 · New York Supreme Court · May 6, 1977

As previously indicated, if the commissioner’s action has a rational basis, it must be sustained (Matter of Pell v Board of Educ., supra). … irrational or unreasonable, should be upheld (Matter of Lezette v Board of Educ., supra, p 281).

Board of Directors of Holly Plaza Unit Owners Ass'n v. Regal Investments

17 Va. Cir. 36 · Loudoun County Circuit Court · Oct 20, 1988

To the contrary, despite the mandate of Section 14 of the Declaration that: The president shall preside over all meetings of the Board of Directors, and the Secretary shall keep a minute book of the Board of Directors recording … Valley Bank v. Fidelity Co., 153 Va. 484, 496 (1929). See also, Riordan v. Hale, 215 Va. 638 (1975). No such evidence of disadvantage is evident in the instant case. Cf. O’Neill v.

Metropolitan Ass'n of Private Day Schools, Inc. v. Baumgartner

41 Misc. 2d 560 · New York Supreme Court · Oct 3, 1963

Brown, Jr., J. … (Matter of Wulfsohn v. Burden, 241 N. Y. 288, 297 ; Harman v. Board of Educ. of City of N. Y., 300 N. Y. 21, 31 .)