§Why CasetextPricing

Brightonian Nursing Home, et al., Respondents,v.Richard F. Daines, M.D., Commissioner of Health, State of New York, et al., Appellants.

Brief

37 Cited authorities

  1. Circuit City Stores, Inc. v. Adams

    532 U.S. 105 (2001)   Cited 1,535 times   51 Legal Analyses
    Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it

  2. Concrete Pipe Prods. v. Constr. Laborers Trust

    508 U.S. 602 (1993)   Cited 1,493 times   7 Legal Analyses
    Holding that withdrawal liability as applied to Concrete Pipe, the employer, did not violate the Fifth Amendment because the imposition of withdrawal liability was clearly rational inasmuch as the employer's liability was based on a proportion of its contributions during its participation in the plan

  3. Usery v. Turner Elkhorn Mining Co.

    428 U.S. 1 (1976)   Cited 927 times   1 Legal Analyses
    Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"

  4. United States v. Jackson

    390 U.S. 570 (1968)   Cited 1,107 times   3 Legal Analyses
    Holding that defendant could still be prosecuted under 1932 Kidnapping Act, despite the fact that a 1934 amendment adding the death penalty as an available punishment in certain instances rendered the Act unconstitutional for a period of time in which the defendant's violations occurred

  5. Bower Assoc. v. Town of Pleasant Val.

    2 N.Y.3d 617 (N.Y. 2004)   Cited 191 times
    Holding that Bower Associates did not have a property interest in the subdivision approval even though the Appellate Division had found in its decision in a related Article 78 action that the claimants had "met all the conditions needed for approval of its subdivision application"

  6. Federal Maritime Commission v. Seatrain Lines, Inc.

    411 U.S. 726 (1973)   Cited 154 times
    Holding that "catchall provision" is "to be read as bringing within a statute categories similar in type to those specifically enumerated"

  7. Montgomery v. Daniels

    38 N.Y.2d 41 (N.Y. 1975)   Cited 377 times
    Finding the statute to be constitutional

  8. Ferran v. Town of Nassau

    471 F.3d 363 (2d Cir. 2006)   Cited 142 times
    Holding that court of appeals "may affirm on any basis for which there is sufficient support in the record"

  9. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"

  10. Burke v. Crosson

    85 N.Y.2d 10 (N.Y. 1995)   Cited 153 times

    Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced

  11. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,780 times   43 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

  12. Section 86-2.7 - Audits

    N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.7   Cited 47 times
    Relating to audits of fiscal and statistical records and reports

  13. Section 517.3 - Audit and record retention

    N.Y. Comp. Codes R. & Regs. tit. 18 § 517.3   Cited 24 times
    Relating to audits of fiscal and statistical records and reports

  14. Section 600.5 - Revocation, limitation or annulment of approvals of establishment

    N.Y. Comp. Codes R. & Regs. tit. 10 § 600.5   Cited 11 times
    Setting forth the grounds upon which the DOH can revoke, limit, or annul approval, but providing no process for a third-party to challenge DOH approval

  15. Section 400.19 - Withdrawal of equity or assets

    N.Y. Comp. Codes R. & Regs. tit. 10 § 400.19   Cited 3 times

    (a)Definitions. For purposes of this section, the following terms shall have the following meanings: (1) The term equity means: (i) any right or claim to assets; (ii) any interest in property or in a business, subject to claims of creditors; (iii) the difference between assets and liabilities; (iv) net worth. (2) The term asset means any owned physical object or any right having economic value to its owner or any item or source of wealth expressed, for accounting purposes, in terms of its cost, depreciated

  16. Section 600.1 - Applications for establishment

    N.Y. Comp. Codes R. & Regs. tit. 10 § 600.1   Cited 1 times

    (a) An application to the Public Health Council for its approval, as required by law, shall be in writing on application forms provided by the State Department of Health; and subscribed by the chief executive officer or other officer duly authorized by the board of a corporate applicant, a general partner or proprietor of the proposed medical facility, or, where an application is to be submitted by a local governmental applicant, the president or chairman of the board of the proposed facility or