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In the Matter of City of Schenectady, Appellant,v.New York State Public Employment Relations Board et al., Respondents.

Brief

23 Cited authorities

  1. Matter of Scherbyn v. Boces

    77 N.Y.2d 753 (N.Y. 1991)   Cited 528 times
    Finding that Article 78 review of a quasi-judicial hearing is a certiorari proceeding, not a mandamus to review proceeding, and therefore "substantial evidence" rather than "arbitrary and capricious" is the standard of review

  2. Scanlan v. Buffalo School

    90 N.Y.2d 662 (N.Y. 1997)   Cited 107 times
    In Matter of Scanlan v Buffalo Pub. School Sys. (90 NY2d 662), the Court of Appeals wrestled with the issue of whether four teachers could obtain retroactive membership in the New York State Teachers' Retirement System (TRS), based upon periods they spent as part-time or substitute teachers in the school districts.

  3. In the Mtr. of Ntnl. Fuel Gas Corp. v. P.S.C. of N.Y.

    2011 N.Y. Slip Op. 2435 (N.Y. 2011)   Cited 67 times

    No. 33. Argued February 8, 2011. Decided March 29, 2011. APPEAL, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 31, 2009, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in Albany County). The Appellate Division (1) modified a determination of respondent Public Service Commission of the State of New York, which had modified

  4. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations Board

    2006 N.Y. Slip Op. 2288 (N.Y. 2006)   Cited 62 times
    Noting that "the application of the Taylor Law to particular facts [is] an area in which PERB is entitled to deference"

  5. Town of Wallkill v. Civil Serv. Emps. Ass'n, Inc.

    2012 N.Y. Slip Op. 7146 (N.Y. 2012)   Cited 22 times
    Holding that although Wallkill has been bargaining over discipline for 12 years, it is a prohibited subject

  6. Matter of Barry v. O'Connell

    303 N.Y. 46 (N.Y. 1951)   Cited 140 times
    In Matter of Barry v. O'Connell (303 N.Y. 46, 52) it is stated that "Although the standard fixed by the Legislature for locating 'off premises liquor and wine stores in neighborhood communities' is required to be a location 'which most effectively serves public convenience and advantage'", the Authority, in its second reason — for disapproving the petitioner's application, stated (p. 49) its conclusion to be "In view of the type of neighborhood, there is no need for a package store at the location applied for".

  7. Lippman v. Public Employ. Relations Bd.

    296 A.D.2d 199 (N.Y. App. Div. 2002)   Cited 15 times

    91009 July 18, 2002. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board which found that the Unified Court System had committed an improper employer practice. Michael Colodner, Unified Court System, New York City (Kenneth Falk of counsel), for petitioner. Gary Johnson, Public Employment Relations Board, Albany (Sandra M. Nathan of counsel), for Public Employment

  8. Matter of Parkmed Associates v. New York St. Tax Comm

    60 N.Y.2d 935 (N.Y. 1983)   Cited 34 times

    Decided November 29, 1983 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Charles D. Bock for appellants. Robert Abrams, Attorney-General ( Carl E. Stephan and Peter H. Schiff of counsel), for respondent. MEMORANDUM. The judgment of the Appellate Division should be reversed, with costs, and the matter remitted to it for further proceedings in accordance with this memorandum. Judicial review of an administrative determination is limited to the grounds invoked

  9. Duci v. Roberts

    65 A.D.2d 56 (N.Y. App. Div. 1978)   Cited 2 times

    November 30, 1978 Appeal from the Supreme Court, Schenectady County, GUY A. GRAVES, J. Borst, Smith Tocker (Paul H. Tocker of counsel), for appellant. George D. Braden, Corporation Counsel, for respondents. SWEENEY, J. The facts are not in dispute. From 1936 to 1976 the City of Schenectady had an ordinance which empowered the Mayor to appoint standing committees. On January 1, 1976, there was a change in the political composition of the city council with the Mayor a member of the minority party.

  10. Rodojo, Inc. v. City of Schenectady

    72 Misc. 2d 134 (N.Y. Sup. Ct. 1972)   Cited 1 times

    December 13, 1972 Max H. Hershkowitz, Raymond G. Smith, Fairlee, Armstrong Smith, Borst, Smith, O'Loughlin, Smith Abbey ( James E. O'Loughlin of counsel), Morris Marshall Cohn, Edward E. Weber and Coplon Cohen ( Ernest A.R. Cohen of counsel), for petitioners. Leonard J. Litz, Corporation Counsel ( Michael J. Palmiotto of counsel), for respondent. ROBERT W. BASCOM, J. By Ordinance No. 12738 of the Common Council of the City of Schenectady, on February 27, 1956, authorized and directed the widening