Case law

Razukas v. New York State Department of Correction

186 Misc. 429 · New York Supreme Court · Oct 20, 1945

Page v. Brophy, 248 App. Div. 309 , appeal dismissed 277 N. Y. 673 .) … So long as the Parole Board violates no positive statutory duty its discretion is absolute and beyond review in the courts. (Matter of Hines v. State Board of Parole, 293 N. Y. 254 .)

Miami Herald Publishing Co. v. Tax Assessor

38 Fla. Supp. 34 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Nov 20, 1972

Joe Paper Company v. Brown, Fla. 1969, 223 So.2d 311 . … v.

Lisenenkov v. Kaszirer

13 Misc. 3d 1184 · New York Supreme Court · Oct 17, 2006

see also, Costa v District Nursing Assn. of N. … Corp. v Geoffrion, 193 AD2d 1007 [3d Dept 1993]; Gindi v Intertrade Intl., Ltd., 12 Misc 3d 1182[A] , 2006 NY Slip Op 51380[U] [Sup Ct, NY County 2006]).

Dease v. Reese

39 Misc. 657 · New York Supreme Court · Jan 15, 1903

Browning v. Bettis, 8 Paige, 568 . … As was said in Browning v.

First New York Bank for Business v. 155 E. 34 Realty Co.

158 Misc. 2d 658 · New York Supreme Court · Aug 26, 1993

This argument was accepted in the case of Board of Mgrs. v Chelsea Realty Assocs. (NYLJ, Aug. 5, 1992, at 22, col 5 [Sup Ct, NY County]). … N. v Grassi, 51 AD2d 502 [4th Dept 1976]; Meltzer v Grazi, 10 AD2d 869 [2d Dept 1960]). *662 Clearly, under the Bankers Trust decision (supra), if FNY had not applied for the appointment of a receiver, any lien of the Board

Park Inn Hotel, Inc. v. Messing

31 Misc. 2d 961 · New York Supreme Court · Jan 29, 1962

Y. 73, 81 ; Rothschild v. Title Guar. & Trust Co., 204 N. … Div. 196 ; Potter v. Rossiter, 109 App. Div. 737 ; Matter of Roeben, 53 N. Y. S. 2d 432, 434; Colla-Negri v.

Guerico v. Gerosa

12 Misc. 2d 595 · New York Supreme Court · May 27, 1958

In the meantime, *597 in May, 1952, the Court of Appeals (Matter of Corrigan v. Joseph, 304 N. … (Matter of Heaney v. McGoldrick, 286 N. Y. 38, 44 .)

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 .)

People v. Santos

82 Misc. 2d 184 · New York Supreme Court · May 15, 1975

Parolees until the expiration of their sentences remain under the supervision of the Parole Board, subject to remand to prison if they violate their parole conditions (Correction Law, §§ 215, 216; Matter of Cummings v Regan … There was, however, no direct or *194 positive showing of hostility (Richardson, Evidence [10th ed], §§ 483, 503, 513; Potter v Browne, 197 NY 288 ; Schultz v Third Ave. R. R. Co., 89 NY 242, 250 ).

Dahman v. Commercial Shearing & Stamping Co.

84 Ohio Law. Abs. 93 · Mahoning County Court of Common Pleas · Apr 5, 1960

Board of Review, 150 Oh St 535, 537 (1948), denying benefits but expressing the purpose of the act; and United States Coal Company v. Board of Review, 16 O. O. 323, (affirmed 66 Oh Ap 329). … Reid v. Board of Review, 155 Oh St 6 (1951). Sec. 4141.46 R. C., provides that the Unemployment Compensation Act “... . shall be liberally construed.”

Lawfred Realty Service Corp. v. Waters

15 Misc. 2d 113 · New York Supreme Court · Mar 7, 1958

Whether the Town Board might properly consider how many gasoline stations the needs of the traveling public required in this neighborhood is at least debatable (Matter of Turner v. … Finally, the court repeats what was said in Matter of Rhodes v.

In re Notice of Intention to Appeal

10 Ohio Cir. Dec. 810 · Hamilton Circuit Court · Jul 1, 1900

In Moore v. Brown, 10 Ohio, 197, it was held that the omission to enter notice at the term at which the judgment was entered could not be cured by a nunc pro tunc order' of a subsequent term. … Stat., now requires the' notice to be entered within three days, and so far as this question is concerned, that is the only difference, so that Moore v. Brown, supra, controls. The judge’s docket is not a record.

In re Appeal of R&R Lounge, Inc.

37 Pa. D. & C.3d 452 · Pennsylvania Court of Common Pleas, Lehigh County · Mar 13, 1985

Pennsylvania Liquor Control Board v. Pace, 218 Pa. Super. 300 , 280 A.2d 642 (1971); Pennsylvania Liquor Control Board v. Washington Sporting Club, 13 Pa. Commw. 257 , 320 A.2d 851 (1974). … See In re Carver House, supra; Pennsylvania Liquor Control Board v. Pace, supra; 4-6 Club v. Pennsylvania Liquor Control Board, 442 Pa. 154 , 275 A.2d 40 (1971); Pennsylvania Liquor Control Board v. Yugovich, 217 Pa.

People ex rel. Decker v. Waters

4 Misc. 1 · New York Supreme Court · Jun 15, 1893

People v. Vandeventer, 38 Hun, 43 ; People v. Board of Fire Comrs., 73 N. Y. 437 ; People v. Comrs. of Brooklyn, 106 id. 64. Ho errors of law are presented as was the case in Martin, v. … Mackin v. Board of Police, 107 id. 235 ; People ex rel. Nicholl v. Asylum, 122 id. 191. It will not be issued in cases of doubtful right. Wood Uandamus, 1; People ex rel. Nicholl v. Asylum, 122 R. Y. 191; People ex rel.

Bayer v. Pugsley

13 Misc. 2d 610 · New York Supreme Court · Jul 16, 1958

Y. 119, 128 , supra; People v. Underhill, 144 N. Y. 316; Niagara Falls Suspension Bridge Co. v. Bachman, 66 N. Y. 261 .) … (People v. Underhill, 144 N. Y. 316, supra.)

Bekermus v. Nardy

123 Misc. 2d 378 · New York Supreme Court · Feb 17, 1984

Corp. v Board of Appeals, 309 NY 730 ; Town of Greenburgh v Buser, supra; Reichenbach v Windward at Southampton, supra.) … with the building and zoning ordinances of the town (Beneke v Board of Appeals, 51 Misc 2d 20 ).

Trustees of German Township v. Farmers & Citizens Sav. Bank Co.

66 Ohio Law. Abs. 332 · Montgomery County Court of Common Pleas · May 14, 1953

Hibbs v. Board of County Commissioners, 35 Oh St 458, decided in 1880. However, on April 20, 1896, the Supreme Court of Ohio, in Hixson v. Burson, 54 Oh St 470, 43 N. … Langdon v. Trustees of Columbia Township, XIV W. L. B. 325; Hopple v. Trustees of Brown Tp., 13 Oh St 311; Trustees of Harrison Tp. v. Harrison Tp., 5 Ohio N. P., N.

People ex rel. Shirey v. Pearson

121 Misc. 26 · New York Supreme Court · Jun 15, 1923

People v. Keeler, 17 N. Y. 370 ; Matter of Mitchell v. Prendergast, 178 App. Div. 690 ; affd., 222 N. Y. 543 . … People v. Keeler, supra. Therefore, the town board, after the election of Shirey, had no power to fill the vacancy caused by the death of McGarr.

Bagaley v. Pittsb. etc. Iron Co.

146 Pa. 478 · Pennsylvania Court of Common Pleas, Alleghany County · Jan 4, 1892

And the proof of ratification was not sufficient: Morawetz on Corp., §§ 517, 531; Gridley v. Railroad Co., 71 Ill. 201; Morrison v. Jones, 31 Minn. 140; Butts v. Woods, 37 N. Y. 317; Coleman v. Railroad Co., 38 N. … Y. 202; Pierce on Railroads, § 29; Nichols v. Ernest, 6 H. L. 401; Angell & Ames on Corp., § 231; Twelfth St. Market Co. v. Jackson, 102 Pa. 269; Stoystown Turnpike Co. v. Craver, 45 Pa. 386; Pike Co. v.

Mackay v. Mayhall

92 Misc. 2d 868 · New York Supreme Court · Apr 21, 1977

e.g., Matter of Bexson v Board of Zoning & Appeals of Town of Hempstead, 28 AD2d 848 , affd 21 NY2d 961 ). … Board of Appeals, Vil. of Southampton, 50 Misc 2d 205 , affd 27 AD2d 705 ; Matter of Dittmer v Epstein, 34 AD2d 675 ) because the right to use the substandard parcel is a vested one (Matter of Bexson v Board of Zoning & Appeals