Case law

McGovern v. Payn

32 Barb. 83 · New York Supreme Court · Dec 5, 1859

Brown, 17 How. Pr. … (Brown v. Treat, 1 Hill, 225 . Suydam v. Smith , 7 id. 182. Miller v. Scherder, 2 Comst. 262. Lambert v. Snow, 17 How. 517 .) In Suydam v. Smith , the court, referring to the case of Brown v.

Faranda v. Schoepflin

39 Misc. 2d 400 · New York Supreme Court · May 17, 1963

V, § C-3) and aggregate side yards of 25 feet but not less than 10 feet on either side (art. V, § C-7). The two lots in question each measure 20 by 100 feet, and have a total area of 4,000 square feet. … (Matter of Franmor Realty Corp. v. Le Boeuf, 279 App. Div. 795 ; Marshak v. City of Long Beach, 278 App. Div. 966 .)

Reichenbach v. Windward at Southampton

80 Misc. 2d 1031 · New York Supreme Court · Jan 8, 1975

Corp. v Board of Appeals of Vil. of Amityville, 309 NY 730 ; City of Buffalo v Roadway Tr. … Sweet v Board of Supervisors, 101 App Div 327 ; Russell v Messina, 138 NYS2d 394 ; Wyler v Eckert, 73 NYS2d 789 ; Matter of S. B.

Singleton v. Russi

152 Misc. 2d 188 · New York Supreme Court · Sep 10, 1991

Parole Board had not acted on his appeal, the Parole Board responded that: "based upon your request, we are discontinuing our interest in your administrative appeal. … This court views as contrary to public policy the avoidance by the Board of Parole of their regulatory obligation to hear and determine the appeals of parole applicants from adverse decisions of the hearing Board.

Baker v. New York State Mutual Benefit Ass'n

9 N.Y. St. Rep. 653 · New York Supreme Court · Jun 25, 1887

In Brown v. London Assurance Co. ( 40 Hun. 101 ), some remarks were made in the opinion not necessary to the result which, upon the facts, was deemed "supported. Devens v. M. and T. Ins. Co.. 83 N. Y., 168 . … Thayer v. Marsh, 75 N. Y., 340 ; Langley v. Wadsworth, 99 id., 61.

Boyle v. Petrie Stores Corp.

136 Misc. 2d 380 · New York Supreme Court · Dec 19, 1985

of the board only, and not to the chairman of the board. … (See, Graves v Kaltenbach & Stevens, 205 App Div 110, 111 , affd 237 NY 546 ; Getty v Williams Silver Co., 221 NY 34, 39 ; Procter v Mount Vernon Arena, 265 App Div 701, 702 ; Hadden v Consolidated Edison Co., 45 NY2d 466

Price v. Common Council

3 Misc. 3d 625 · New York Supreme Court · Jan 22, 2004

Co. v Board of Estimate, 72 NY2d 674, 682-683 [1988]). … Those actions of the Common Council and the Planning Board amounted to “rubber stamping” decisions that had been made contrary to the City Code and SEQRA (see Vitiello v City of Yonkers, 255 AD2d 506 [1998]).

Philbin v. City of Cleveland

2018 Ohio 100 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Jan 11, 2018

Bank of Am., N.A. v. Kuchta , 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040 , ¶ 19, citing Morrison v. Steiner , 32 Ohio St.2d 86 , 87, 290 N.E.2d 841 (1972). … Tubbs Jones v. Suster , 84 Ohio St.3d 70 , 75, 701 N.E.2d 1002 (1998) ; Handy v. Ins. Co. , 37 Ohio St. 366 , 370 (1881).

In re the Arbitration between Board of Education of Half Hollow Hills Central School District & Half Hollow Hills Teachers Ass'n

79 Misc. 2d 223 · New York Supreme Court · Jul 19, 1974

As the court stated in Hurst v. … In Board of Educ. Union Free School Fist. No. 3 v.

People v. S.G.

4 Misc. 3d 563 · New York Supreme Court · Apr 30, 2004

(See Correction Law § 168-n [3]; People v Davila, 299 AD2d 573 [3d Dept 2002]; People v MacNeil, 283 AD2d 835 [3d Dept 2001]; People v Neish, 281 AD2d 817 [3d Dept 2001]; see Mathews v Eldridge, 424 US 319, 348-349 [1976] … (People v Davila, supra; People v MacNeil, supra; People v Neish, supra.) .

Kessel v. Michaelis

15 Misc. 2d 755 · New York Supreme Court · Dec 14, 1956

Zoning Board of Appeals [Little v. … In Matter of Olp v. Town of Brighton ( 173 Misc. 1079, 1082 , affd. 262 App.

Magee v. Cutler

43 Barb. 239 · New York Supreme Court · Dec 23, 1864

But the case of Heywood v. … (Eldridge v. Hill, 2 John. Ch. 281.)

People ex rel. Smith v. Doyle

28 Misc. 411 · New York Supreme Court · Jul 15, 1899

Grant v. Gould, 2 H. Bl. 69; State v. Wakely, 2 Nott & McCord, 410; State v. Stevens, 2 McCord, 32 ; Washburn v. Phillips, 2 Metc. 296 . … Grant v. Gould, 2 H. Bl. 100; State v. Wakely, 2 Nott & McCord, 410; People v. Seward, 7 Wend. 518 .

Pinelawn Cemetery v. Simon

30 Misc. 2d 654 · New York Supreme Court · Oct 11, 1961

O’Connell, 7 N Y 2d 155; Matter of Swalbach v. State Liq. Auth., 7 N Y 2d 518). The court has not overlooked Matter of Maple Grove Cemetery Assn. v. Curran ( 285 App. … On the remand to be ordered the Board should be mindful of this pitfall. (See Matter of Victory Holding Corp. v. Herman, 13 A D 2d 918; Matter of Dresher [Lubin], 286 App. Div. 591, 594 ; Matter of Fitzgerald v.

Van Voorhis v. Budd

39 Barb. 479 · New York Supreme Court · May 11, 1863

By the Court, Brown, J. This action is brought against the defendant to recover damages for the séizure and sale of a horse, the property of the plaintiff. … Brown, Scrugham and Lott, Justices.] ers v. Talmage, 5 John. 84 ; Rosevelt v. Gardner, 2 Cowen, 463.)

Bieder v. Steinhauer

15 Abb. N. Cas. 428 · New York Supreme Court · Apr 15, 1885

In Girvin v. Hickman ( 21 Hun, 319 ) it was conceded that the guardian had wrongfully converted the money of his ward to his own use, and because of that fact it was held that the default appeared. In Brown v. … The decree of the surrogate will be conclusive upon the sureties (Gerould v. Wilson, 81 N. Y. 573 ). The account in Brown v. Snell ( 57 N.

Saeltzer v. Ginther

2 Miles 86 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 22, 1837

In Malever v. Redshaw, 1 Mod. 35, Mr. … In the United States v. Brown, Gilpin’s Rep. 155, it was held that if a bond be taken at common law with a condition in part good and in part bad, a recovery may be had on it for a breach of the good part.

People v. Saleemi

186 Misc. 2d 177 · New York Supreme Court · Oct 24, 2000

Due process mandates that the State bear the burden of proof to support its proposed risk level by clear and convincing evidence (Doe v Pataki, 3 F Supp 2d 456 ; People v Salaam, 174 Misc 2d 726 ). … given to local authorities upon the offender’s release into the community (People v Saldam, supra).

City of Cincinnati v. McMicken

3 Ohio Cir. Dec. 409 · Hamilton Circuit Court · Jan 15, 1892

Brown v. Manning, 6 O., 298 . … The supreme court in Board of Education v. Minor, 23 O.

Mazzotti v. Swezey

199 Misc. 987 · New York Supreme Court · Apr 2, 1951

Derby v. Rice ( 129 N. … Derby v. Rice (supra) can with equal force be applied to the trustees of the Village of Patchogue acting as a board of canvassers.