Case law

Lee v. Moore

32 Misc. 2d 114 · New York Supreme Court · Jan 8, 1962

of the Board of Trustees. … (See Matter of Byrnes v. Windels, 265 N. Y. 403, 405 .) The petitioner’s reliance on section 226 of the Education Law is misplaced.

Spinosa v. Ackerman

98 Misc. 2d 1073 · New York Supreme Court · Mar 28, 1979

56 AD2d 652 ; Brachfeld v Sforza, 114 NYS2d 722 ; Stanley v Board of Appeals of Vil. of Piermont, 168 Misc 797 ). 4 In the arguments before this court and in their papers submitted, counsel for both parties now agree that … In Matter of Boxer v Town Bd. of Town of Cortlandt ( 60 AD2d 913 ), a planning board approved an application for site plan approval but the town board denied it.

People v. Sweeter

126 Misc. 2d 616 · New York County Courts · Dec 31, 1984

Poster v Jackson ( 278 App Div 734 , affd 303 NY 680 ); People v Brown ( 66 AD2d 223 ); and People v Pries ( 81 AD2d 1039 ). … Eldard v La Vallee, 15 AD2d 611 , mot for lv to opp den 11 NY2d 642 , cert den 371 US 837 [two assaults committed in the course of an escape attempt])” (People v Brown, 66 AD2d 223, 226 , supra).

In re Wadsworth

88 Ohio Law. Abs. 170 · Ohio Public Utilities Commission · Jun 9, 1960

Brown, Registered Pharmacist, Wadsworth, Ohio; Mr. James C. Morris, Senior Vice President of Ohio Box Board, Wadsworth, Ohio; Mr. Jack Sommers, Automobile Dealer, Wadsworth, Ohio; Mrs. Raymond C. … V. Hanson Sheet Metal, Wadsworth, Ohio; Mr. Joseph George, Production & Purchasing Manager, Wadsworth Foundry Company, Wadsworth, Ohio; Mr.

Smith v. Hartman

208 Misc. 880 · New York Supreme Court · Aug 26, 1955

Corp. v. Murdock, 285 N. Y. 298 ; Town of Somers v. Camarco, 308 N. Y. 537 ; People v. Miller, 304 N. Y. 105 .) … Y. 97 ; Matter of Buckley v. Fasbender, 275 App. Div. 853 , and Matter of Frontuto v. Board of Trustees of Vil. of East Rochester, 276 App.

In re Zoning Variance of Gillen

21 Ohio Misc. 84 · Scioto County Court of Common Pleas · Sep 10, 1969

Selected Properties, Inc., v. … As was stated in Selected Properties v.

Comparato v. Knauf

61 Misc. 2d 245 · New York Supreme Court · Oct 22, 1969

(Vernon Park Realty v. City of Mt. Vernon, 307 N. Y. 493 ; Dowsey v. Village of Kensington, 257 N. Y. 221 .) … (Matter of Nowak v. Wereszynski, 21 A D 2d 427; Matter of Mandis v. Gorski, 24 A. D 2d 181, 184, 185.)

Kinne v. Kinne

2 Thomp. & Cook 391 · New York Supreme Court · Dec 15, 1873

According to the testimony of the witness, Brown, and as he recollects the transaction, they were not. … Quimby in the case of Tarrant v. Ware, supra, which, indeed, it much resembles. The language of the court of appeals in Willis v.

Fowler v. Clearwater

35 Barb. 143 · New York Supreme Court · Sep 2, 1861

(Cardell v. McNiel, 21 N. Y. Rep. 336 . Brown v. Curtiss, 2 id. 225.) … The cases of Brown v. Curtiss, (2 Comst. 225,) and Cardell v. McNiel, ( 21 N. Y.

Town of Dunkirk v. Lake Shore & Michigan Southern Railway Co.

27 N.Y.S. 105 · New York Supreme Court · Jan 18, 1894

Town of Essex v. New York & C. R. Co., 8 Hun, 361 ; Bradstreet v. Bradstreet Co., 14 N. Y. St. Rep. 260; Baer v. Seymour, 12 N. Y. St. Rep. 167; Finger v. City of Kingston, (Sup.) 9 N. Y. Supp. 175 . … Evans v. Burton, 5 N. Y. St. Rep. 218; Howard v. Tiffany, 3 Sandf. 695 .

In re Heyman

137 Misc. 278 · New York Supreme Court · Apr 21, 1930

Under the circumstances the board was without jurisdiction to reopen the case and entertain what was, in effect, an application that it set aside and rescind its former decision. (See Matter of Biker v. … Ridgeway v.

Weinstein v. Nicosia

32 Misc. 2d 246 · New York Supreme Court · Jan 4, 1962

An immediate appeal was taken to the respondent board. On September 1, 1961, the board noticed a hearing of the appeal for September 13,1961. … The board did not abuse its discretion and did not act arbitrarily according to this record. (Burlinson v. Zoning Bd. of Appeals, 275 App. Div. 723 .)

Thackray v. Crager

43 Pa. D. & C. 301 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 1, 1941

“Such restriction is violated by the use of a building-on the premises as a public boarding house. . . .” *307 See also Pocono Manor Assn. et al. v. Allen et al., 337 Pa. 442 (1940), and Fox et al. v. … It comes closer to being a hotel or public boarding house, both held by the Taylor ease to be in violation of such a restriction.” See also Douglass v. Queeney, Jr., et ux., 109 Pa. Superior Ct. 336 (1933).

Loden-Finnegan v. Pennsylvania Higher Education Assistance Agency

35 Pa. D. & C.4th 184 · Pennsylvania Court of Common Pleas, Delaware County · May 17, 1996

See Franklin Interiors v. Browns Lane, 227 Pa. Super. 252 , 256 n.2, 319 A.2d 682 , 684 n.2 (1974). It should also be noted that the attempts which PHEAA apparently made to contact Mrs. … See Ulakovic v. Metropolitan Life Insurance Co., 339 Pa. 571, 16 A.2d 41 (1940).

International Brotherhood of Electrical Workers, Local 349 v. Metropolitan Dade County

6 Fla. Supp. 2d 71 · Circuit Court for the Judicial Circuits of Florida · Jan 4, 1984

The powers of the Board are set forth in Section 203.5 of the South Florida Building Code. The Board is authorized to make interpretations of the Code’s provisions where the Code is unclear and ambiguous. … The Board is therefore not authorized to make an interpretation of this provision.

Rabenbauer v. New York State Department of Corrections

46 Misc. 3d 603 · New York Supreme Court · Nov 12, 2014

(Matter of Russo v New York State Bd. of Parole, 50 NY2d 69 [1980]; Matter of Epps v Travis, 241 AD2d 738 [3d Dept 1997]; Matter of Silmon v Travis, 95 NY2d 470 [2000].) … (Matter of Santos v Evans, 81 AD3d 1059 [3d Dept 2011]; Matter of Wise v New York State Div. of Parole, 54 AD3d 463 [3d Dept 2008].)

Hanson v. Ontario Milk Producers Cooperative, Inc.

58 Misc. 2d 138 · New York Supreme Court · Oct 7, 1968

of directors A court will not and cannot interfere with the ordinary business judgment of a board of directors of a corporation (Manson v. … Y. 313 ; Nechis v. Gramatan Gardens, 35 Misc 2d 949, 951 ; Marony v. Applegate, 29 N. Y. S. 2d 421).

People v. Rome

24 Misc. 3d 1080 · Long Beach City Court · May 11, 2009

Town Board (see also People v Roberts, 95 Misc 2d 41 [Tompkins County Ct 1978]). *1086 IV Lack of Authority for City Court to Transfer Proceedings Commenced in City Court to Another Court New York State Constitution, article … There, the court relied upon the general rule that “[i]n New York, constitutional provisions are presumptively self-executing” (Brown v State of New York, 89 NY2d 172, 186 [1996], citing People v Carroll, 3 NY2d 686, 691

Dunning v. Roberts

35 Barb. 463 · New York Supreme Court · Jan 7, 1862

This decision was put, as regards this point, on the authority of the Union Bank v. Coster, (3 Comst. 203. See also Grant v. Hotchkiss, 26 Barb. 63; Church v. Brown, 21 N. Y. Rep. 315 .) … Coster, and in *470 Gates v. McKee were approved and followed in Church v. Brown .

Jackson ex dem. Russell v. Rowland

6 Wend. 666 · New York Supreme Court · May 15, 1831

The cases of Jackson v. Jones, 9 Cowen, 182, and Jackson v. Tuttle, 9 id. 233 6 Wendell, 213 , S. … The case of Jackson v. Harder. 2 Johns. R. 202, which is the authority for the position, does not support it unqualifiedly.