28 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,045 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  2. Matter of Berenhaus v. Ward

    70 N.Y.2d 436 (N.Y. 1987)   Cited 842 times

    Argued October 12, 1987 Decided November 17, 1987 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department. Peter L. Zimroth, Corporation Counsel (Susan B. Elsen and Leonard Koerner of counsel), for appellants in the first above-entitled proceeding. Raymond E. Kerno for respondent in the first above-entitled proceeding. Peter L. Zimroth, Corporation Counsel (Paul Marks and Leonard Koerner of counsel), for appellants in the second above-entitled proceeding. Carol Mellor

  3. Matter of Gray v. Adduci

    73 N.Y.2d 741 (N.Y. 1988)   Cited 138 times

    Argued September 9, 1988 Decided October 27, 1988 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department. Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant. Melvin L. Olver and Timothy Maloney for respondent. MEMORANDUM. The judgment of the Appellate Division should be reversed, with costs, and the determination of the Commissioner of Motor Vehicles reinstated. Hearsay evidence can be the basis of

  4. Bd. of Educ., Huntington v. Teachers

    30 N.Y.2d 122 (N.Y. 1972)   Cited 148 times   1 Legal Analyses
    In Huntington, we held that a lumpsum retirement incentive was not a feature of a "retirement system", which section 113 of the Retirement and Social Security Law forbade the municipality to create, because it was compensation for services actually rendered.
  5. Incorporated Village of Lynbrook v. New York State Public Employment Relations Board

    48 N.Y.2d 398 (N.Y. 1979)   Cited 105 times
    Evaluating PERB determination
  6. Matter of City of Watertown

    95 N.Y.2d 73 (N.Y. 2000)   Cited 42 times   1 Legal Analyses
    Noting that "absent clear evidence that the Legislature intended otherwise, the presumption is that all terms and conditions of employment are subject to mandatory bargaining"
  7. Board of Education of City School District v. New York State Public Employment Relations Board

    75 N.Y.2d 660 (N.Y. 1990)   Cited 57 times   1 Legal Analyses
    Recognizing that "in a few instances, however, what might otherwise be negotiable terms and conditions of employment are prohibited from being collectively bargained. For example, a statute may direct that certain action be taken by the employer, leaving no room for negotiation."
  8. JMH, Inc. v. New York State Liquor Authority

    61 A.D.3d 1260 (N.Y. App. Div. 2009)   Cited 17 times

    No. 505876. April 23, 2009. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which revoked petitioner's liquor license. David Brickman, Albany, for petitioner. Mark D. Frering, New York State Liquor Authority, Albany, for respondent. Before: Cardona, P.J., Mercure, Malone Jr. and McCarthy, JJ. Kavanagh, J. In November 2007, respondent filed two sets of charges against petitioner alleging

  9. Manhasset Un. v. N.Y. State Pub

    61 A.D.3d 1231 (N.Y. App. Div. 2009)   Cited 15 times

    No. 505344. April 23, 2009. 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 held that petitioner violated Civil Service Law § 209-a (1) (d) by transferring unit work to outside contractors. Seyfarth Shaw, L.L.P., New York City (Peter A. Walker of counsel), for petitioner. David P. Quinn, New York State Public Employment Relations Board, Albany

  10. Newark Valley Central School District v. Public Employment Relations Board

    632 N.E.2d 443 (N.Y. 1994)   Cited 27 times
    Holding that issue of whether a school district's duty to negotiate a smoking policy was preempted by statute or policy is a question of law that must be independently examined by courts
  11. Section 212.4 - Formal hearing

    N.Y. Comp. Codes R. & Regs. tit. 4 § 212.4

    (a) A formal hearing for the purpose of taking evidence relevant to the case before the agency shall be conducted as necessary by the administrative law judge designated by the director. At any time, an administrative law judge may be substituted by the director for the administrative law judge previously assigned. (b) The hearing will not be adjourned unless good and sufficient grounds are established by the requesting party, who shall file, consistent with the manner in which the petition was filed