Backer Mgt. v. Acme Quilting
46 N.Y.2d 211 (N.Y. 1978) Cited 434 times 2 Legal AnalysesAffirming grant of summary judgment dismissing reformation where “[a]s a matter of law, no showing free of contradiction or equivocation comes through from the affidavits submitted [in opposition to the motion].”
Matter of Colton v. Berman
21 N.Y.2d 322 (N.Y. 1967) Cited 322 timesIn Matter of Colton v. Berman (21 N.Y.2d 322, 333) Judge BREITEL observed: "Tenants and landlord, from their various stances, seek to establish either a virtually uncontrolled discretion or a virtually unvarying mandate on the agency.
Matter of O'Connor
72 N.Y.2d 517 (N.Y. 1988) Cited 78 timesArgued August 31, 1988 Decided October 14, 1988 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Nicholas Colabella, J. Marilyn J. Slaaten, County Attorney (Carol L. Van Scoyoc, Kenneth E. Powell and Cataldo F. Fazio of counsel), for appellant. Julius W. Cohn, Carl Stahl and Wayne H. Spector for respondents. Barry Birbrower, Law Guardian. Fenella Rouse, Elena N. Cohen, M. Rose Gasner and Richard Wasserman for Society for the Right to Die, Inc., amicus curiae
Felix v. Citywide Admin. Servs
3 N.Y.3d 498 (N.Y. 2004) Cited 42 timesFinding that petitioner's termination based upon his failure to maintain residency within the City of New York as required was "separate and distinct" from allegations of misconduct which trigger the procedural protections of Civil Service Law § 75
Matter of Hosley v. Curry
85 N.Y.2d 447 (N.Y. 1995) Cited 42 timesStating that the terms "resident" and "inhabitant" are "properly understood to be synonymous with domicile"
O'Connor v. B.O.E
48 A.D.3d 1254 (N.Y. App. Div. 2008) Cited 21 timesHolding that petitioners, who were terminated for failing to comply with the residency policy in their employment agreements, were not entitled to a hearing pursuant to N.Y. Educ. Law §§ 3020, 3020-a because "[t]hose sections of the Education Law are inapplicable inasmuch as they address issues relating to a teacher's competency and the applicable disciplinary procedures and penalties attendant thereto, while the residency policy ‘is a consideration unrelated to job performance, misconduct or competency ... a qualification of employment ... [that respondent] may impose it if chooses to do so without running afoul of the Constitution or general laws of the State."
Willkie v. Delaware County Bd.
55 A.D.3d 1088 (N.Y. App. Div. 2008) Cited 16 timesHolding injunction requiring elections board to apply proper residency standard in future was “unnecessary and inappropriate” where board was “already obligated to follow the law and there [was] nothing in the record to suggest that it [would] not do so”
Unanue v. Unanue
141 A.D.2d 31 (N.Y. App. Div. 1988) Cited 32 timesNoting that a party's place of residence can indicate his or her domicile
In re Gigliotti
82 A.D.3d 1636 (N.Y. App. Div. 2011) Cited 7 timesNo. CA 10-01198. March 25, 2011. Appeal from a judgment of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered March 19, 2010 in a proceeding pursuant to CPLR article 78. The judgment granted the petition. HURWITZ FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR RESPONDENTS-APPELLANTS. REDEN O'DONNELL, LLP, BUFFALO (TERRY M. SUGRUE OF COUNSEL), FOR PETITIONER-RESPONDENT. Present: Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ. It is hereby ordered that the judgment
In re Krajkowski v. Bianco
85 A.D.3d 1577 (N.Y. App. Div. 2011) Cited 4 timesNo. CA 10-01671. June 10, 2011. Appeal from a judgment (denominated judgment and order) of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 25, 2010 in a proceeding pursuant to CPLR article 78. The judgment granted the petition for reinstatement with back pay and benefits. HURWITZ FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR RESPONDENTS-APPELLANTS. REDEN O'DONNELL, LLP, BUFFALO (TERRY M. SUGRUE OF COUNSEL), FOR PETITIONER-RESPONDENT. Present — Smith, J.P., Peradotto