Case law

Cariello v. City of New York

15 Misc. 2d 466 · New York Supreme Court · Mar 9, 1959

Schieffelin v. … The next question is — Are the resolutions of the same board recommending the budget to the Board of Aldermen and the appropriations made similarly, local laws fixing salaries'?

In re Timmerman

51 Misc. 192 · New York Supreme Court · Jun 15, 1906

-These principles are recognized by the Court of Appeals in Matter of Smith v. Board of Supervisors, 148 N. … Matter of Smith v. Board of Supervisors, 148 N. Y. 187 -194.

Schumann v. 250 Tenants Corp.

65 Misc. 2d 253 · New York Supreme Court · Nov 20, 1970

(Sajor v. Ampol, Inc., 275 N. Y. 125 ; People v. Gorman, 133 Misc. 161, 163 ; Train v. Sisti, 146 Misc. 362 ; 56 N. Y. Jur., Statutes, § 274.) … People v.

Luchowski v. Lawley

26 Misc. 2d 148 · New York Supreme Court · Sep 23, 1960

(See Matter of Walsh v. Boyle, 179 App. Div. 582, 588 ; Matter of Burr v. Voorhis, 192 App. Div. 909 , affd. 229 N. Y. 382 .) … See, also, Matter of Childs v. Curran, 183 Misc. 195, 198 .) Here, the petitioner fails to prove compliance with the conditions set forth in section 104 of the Election Law (subd. 1).

Sorin v. Shahmoon Industries, Inc.

30 Misc. 2d 408 · New York Supreme Court · Apr 12, 1961

Article V of the by-laws of the company provides, in part, that the board of directors may designate two or more of their number to constitute an executive committee which ‘1 shall between sessions of the Board have all the … In Kreitner v. Burgweger ( 174 App.

In re Vesell

137 Misc. 806 · New York Supreme Court · Apr 20, 1928

Healy v. Leo, 194 App. Div. 973 ; Matter of Boyd v. Walsh, 217 id. 461.) … (Lincoln Trust Co. v. Williams Building Corp., 229 N. Y. 313 .) The determination of the board of standards and appeals is affirmed, with costs. Settle order on notice.

International Painters & Allied Trades Industry Pension Fund v. Cantor Fitzgerald, L.P.

41 Misc. 3d 770 · New York Supreme Court · Sep 23, 2013

(Aronson v Lewis, 473 A2d 805, 811 [Del 1984], overruled on other grounds by Brehm v Eisner, 746 A2d 244 [Del 2000].) … Co. v Ryan, 970 A2d 235, 240 [Del 2009].)

State v. Bowland

29 Ohio Misc. 176 · Toledo Municipal Court · Dec 30, 1971

McMaster, Inc., v. Chevrolet Motor Co., D. C. S. C., 3 F. 2d 469, 471 ; Francesconi v. Independent School Dist. of Wall Lake, 204 Iowa 307 , 214 N. W. 882, 885 ; Marshall v. State, 116 Neb. 45 , 215 N. W. 564, 566 . … Bristol v. Buck, 201 App. Div. 100 , 194 N. Y. S. 53, 55. It is frequently used interchangeably with ‘sworn.’ Francesconi v. Independent School Dist. of Wall Lake, 204 Iowa, 307 , 214 N. W. 882, 885 .”

Mueller v. Anderson

60 Misc. 2d 568 · New York Supreme Court · Jun 24, 1969

(Matter of Manor Woods Assn. v. Randol, 29 A D 2d 778; Matter of Lido Beach Civic Assn. v. Board of Zoning Appeals, 13 A D 2d 1030; Matter of Miller v. … (Matter of Virgo v. Zoning Board of Appeals, 28 Misc 2d 886 ; Matter of Manor Woods Assn. v. Randol, supra; Matter of Libby v. Angevine, 17 Misc 2d 80, 82 , affd., 8 AD 2d 474 .)

People v. Fisher

98 Misc. 131 · New York Supreme Court · Nov 15, 1916

Rogers v. Bradshaw, 20 Johns. 735 ; C hapman v. Gates, 54 N. Y. 133 , 143; Hamersley v. Mayor, 56 N. Y. 533, 536 . And in People v. Adirondack R. Co., 160 N. … Miller v. Brinkerhoff, 4 Den. 118 ; Staples v. Fairchild, 3 N. Y. 41, 46 ; Sheldon v. Wright, 5 id. 497; Skinnion v. Kelley, 18 id. 355; Potter v. Ogden, 136 id. 384, 396; Lamp Chimney Co. v. Brass & Copper Co., 91 U.

Sukala v. Shope

63 Pa. D. & C.2d 517 · Pennsylvania Court of Common Pleas, Westmoreland County · Feb 15, 1973

This is not to say there is not a proper legislative purpose in this salary board provision under other circumstances, as is borne out by the cases. For example, in Martz v. … The case of Kotch v. Westmoreland County, 65 D. & C. 174 (C. P. Westmoreland 1948), has been cited as authority by counsel for the salary board. However, that case involved a situation not parallel to this case.

Walworth Leasing Corp. v. Sterni

64 Misc. 2d 940 · New York Supreme Court · Nov 5, 1970

Hence, the board’s finding in that connection is without support and is unreasonable and arbitrary. (Matter of YMCA of Greater N. Y. v. Burns, 13 A D 2d 1009 and cases cited; Matter of Spohrer v. … And, in Baxter v.

McGahan v. Wagner

8 Misc. 2d 337 · New York Supreme Court · Sep 17, 1957

McGahan, a taxpayer of the City of New York, to compel the Mayor, and the chairman and the director of the New York City Community Mental Health Board to permit the applicant to inspect (1) minutes of meetings of the board … This was squarely held in the recent case of Matter of Cherkis v. Impellitteri ( 307 N. Y. 132 ).

In re the Arbitration between Three Village Teachers' Ass'n & Three Village Central School District

129 Misc. 2d 920 · New York Supreme Court · Oct 2, 1985

The decision of the arbitrator was not irrational (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578 ) since the arbitrator had the authority to review a decision involving Board discretion or Board policy … This finding was not so "completely irrational” as to warrant vacatur on this ground (Board of Educ. v Three Vil. Teachers’ Assn., 81 AD2d 820 ).

Spadafora v. Ferguson

182 Misc. 161 · New York Supreme Court · Jun 12, 1944

(Matter of Levy v. Bd. of Standards and Appeals, 267 N. Y. 347 .) In that case the court said, at page 353: “ The Board does not exercise legislative powers. … (Arverne Bay Construction Co. v. Thatcher, 278 N. Y. 222, 233 ; Matter of Otto v. Steinhilber, 282 N. Y. 71 .)

Leonard v. Long Island City

20 N.Y.S. 26 · New York Supreme Court · Jul 22, 1892

and are in use by said board and the defendant. … Kramrath v. City of Albany, 127 N. Y. 581 , 28 N. E. Rep. 400.

Campbell v. Rodrigues

146 Misc. 2d 191 · New York Supreme Court · Jan 4, 1990

Petitioner also argues that the Parole Board did not consider the factors enumerated in Executive Law § 259-i. … Under the circumstances there was a basis for the Board’s conclusions in the record and it cannot be said that the Parole Board’s determination was arbitrary and capricious.

People ex rel. Van Voast v. Van Slyck

4 Cow. 297 · New York Supreme Court · Feb 15, 1825

In The People v. The Mayor of New York, (3 John. Cas. 79,) and The same v. Sweeting, ( 2 John. … If an objection is taken when an inspector presents himself at the board of canvassers, the evidence of his appointment may be either by writing or parol.

Rider v. Legg

51 Barb. 260 · New York Supreme Court · Jul 27, 1868

In Everitt v. … Brown, 4 Cowen, 483.)

In re the Arbitration Between Marcus & Motor Vehicle Accident Indemnification Corp.

29 Misc. 2d 573 · New York Supreme Court · Jan 27, 1961

Co., 3 A D 2d 564, affd. 4 N Y 2d 1028; Matter of Brown [Motor Vehicle Acc. Ind. Corp.], 24 Misc 2d 550 ). … By such unwarranted delay, it must be deemed, as a matter of law, that timely notice of petitioner’s claim was not given to respondent (Deso v. London & Lancashire Ind. Co., 3 N Y 2d 127; Zurich Acc. Ins. Co. v.