41 Cited authorities

  1. Levandusky v. One Fifth Avenue Apartment Corp.

    75 N.Y.2d 530 (N.Y. 1990)   Cited 603 times   3 Legal Analyses
    Finding that "[s]o long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith, courts will not substitute their judgment for the board's
  2. Auerbach v. Bennett

    47 N.Y.2d 619 (N.Y. 1979)   Cited 534 times   14 Legal Analyses
    Finding that "committee promptly engaged eminent special counsel to guide its deliberations and to advise it"
  3. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 242 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"
  4. Association of Counties v. Axelrod

    78 N.Y.2d 158 (N.Y. 1991)   Cited 195 times

    Argued April 30, 1991 Decided June 27, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Paul Cheeseman, J. Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony for appellant. Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents. Cornelius D. Murray and David M. Cherubin for New York State Health Facilities Association, Inc., amicus curiae. Susan C. Waltman for the Greater New York

  5. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction
  6. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health

    85 N.Y.2d 326 (N.Y. 1995)   Cited 107 times
    In Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health (85 N.Y.2d 326, 332), the Court of Appeals stated that "Although documented studies often provide support for an agency's rule making, such studies are not the sine qua non of a rational determination * * * 'the commissioner, of course, is not confined to factual data alone but also may apply broader judgmental considerations based upon the expertise and experience of the agency he heads' (see, Matter of Catholic Med. Ctr. v. Department of Health, 48 N.Y.2d 967, 968-969)."
  7. Under 21 v. City of N.Y

    65 N.Y.2d 344 (N.Y. 1985)   Cited 112 times
    Holding that New York's Equal Protection Clause “is no broader in coverage than the Federal Provision”
  8. Emunim v. Town of Fallsburg

    78 N.Y.2d 194 (N.Y. 1991)   Cited 93 times
    In Kahal Bnei Emunim Talmud Torah Bnei Simon Israel v Town of Fallsburg (78 N.Y.2d 194), the Court of Appeals addressed the issue of a property owner's challenge to the "jurisdiction" of a taxing authority to impose a tax assessment upon a particular parcel of realty which was mandatorily exempt from taxation by statute.
  9. Bourquin v. Cuomo

    85 N.Y.2d 781 (N.Y. 1995)   Cited 79 times
    Holding that inferences should not be drawn from legislative inaction
  10. Finger Lakes v. Racing Bd.

    45 N.Y.2d 471 (N.Y. 1978)   Cited 127 times
    Striking down an administrative agency's regulation for being in “direct conflict” with the statute
  11. Section 3-0306 - Registry of public agencies and private organizations; notice of department hearings

    N.Y. Envtl. Conserv. Law § 3-0306   Cited 1 times

    1. The commissioner shall develop and maintain a registry of government agencies and officials and of private organizations of statewide, regional, county and local scope, with interests in the regulatory and other programs of the department for the purpose of providing written notice to such agencies and organizations of the time, date, place, subject and nature of hearings on rules and regulations under consideration by the department, or on applications to the department for permits relating to

  12. Section 86-2.17 - Allowable costs

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.17   Cited 27 times

    (a) To be considered as allowable in determining reimbursement rates, costs shall be properly chargeable to necessary patient care. Except as otherwise provided in this Subpart, or in accordance with specific determination by the commissioner, allowable costs shall be determined by the application of the principles of reimbursement developed for determining payments under title XVIII of the Federal Social Security Act (Medicare) program. (b) Allowable cost shall include a monetary value assigned

  13. Section 1002.3 - Limits on executive compensation

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.3   Cited 5 times   1 Legal Analyses

    (a) Limits on executive compensation. Except if a covered provider has obtained a waiver pursuant to section 1002.4 of this Part, a covered provider as defined in this regulation shall not use State funds or State-authorized payments for executive compensation given directly or indirectly to a covered executive in an amount greater than $199,000 per annum, provided, however, that the department shall review this figure annually to determine whether adjustment is necessary based on appropriate factors

  14. Section 1002.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.1   Cited 5 times   2 Legal Analyses

    For purposes of this Part: (a) Administrative expenses are those expenses authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments that are incurred in connection with the covered provider's overall management and necessary overhead that cannot be attributed directly to the provision of program services. (1) Such expenses include but are not limited to the following expenses, if otherwise authorized

  15. Section 1002.4 - Waivers

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.4   Cited 4 times

    (a) Waivers of limit on executive compensation. The department or its designee and the Director of the Division of the Budget may grant a waiver to the limits on executive compensation in section 1002.3 of this Part for executive compensation for one or more covered executives, or for one or more positions, during the reporting period and, where appropriate, for a longer period upon a showing of good cause. To be considered, an application for such a waiver must comply with this subdivision in its

  16. Section 1002.2 - Limits on administrative expenses

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.2   Cited 3 times

    (a) Limits on allowable administrative expenses. No less than 75 percent of the covered operating expenses of a covered provider paid for with State funds or State-authorized payments shall be program services expenses rather than administrative expenses. This percentage shall increase by five percent each year until it shall be no less than 85 percent in 2015 and for each year thereafter. In determining whether an expense is a program service expense or an administrative expense, a covered provider

  17. Section 1002.6 - Penalties

    N.Y. Comp. Codes R. & Regs. tit. 10 § 1002.6   Cited 2 times

    (a) Notice of preliminary determination of non-compliance. Whenever it is determined that a covered provider may not be in compliance with the requirements of section 1002.2 or 1002.3 of this Part and has not obtained a waiver, the provider shall be notified in writing of the basis for that determination. Such notice shall provide the covered provider with an opportunity and a procedure to submit additional or clarifying information within 30 calendar days of the provider's receipt of such notice

  18. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation