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In the Matter of Morris Builders, LP, et al., Respondents,v.Empire Zone Designation Board et al., Appellants.

Brief

47 Cited authorities

  1. Nebbia v. New York

    291 U.S. 502 (1934)   Cited 1,467 times
    Holding that due process is not violated if the challenged law has "a reasonable relation to a proper legislative purpose" and is "neither arbitrary nor discriminatory"

  2. United States v. Carlton

    512 U.S. 26 (1994)   Cited 181 times   12 Legal Analyses
    Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"

  3. Bennett v. New Jersey

    470 U.S. 632 (1985)   Cited 149 times
    In Bennett v. New Jersey, 470 U.S. 632, 105 S.Ct. 1555, 84 L.Ed.2d 572 (1985), the Secretary of Education sought to recoup Title I funds based on the State's noncompliance, from 1970 to 1972, with a 1978 amendment to Title I.

  4. Welch v. Henry

    305 U.S. 134 (1938)   Cited 343 times   2 Legal Analyses
    Upholding Wisconsin law providing for retroactive application of graduated tax on dividends

  5. Amorosi v. South Colonie Independent Central School District

    2007 N.Y. Slip Op. 9904 (N.Y. 2007)   Cited 114 times
    Holding that "the one-year limitation prescribed in Education Law § 3813(2-b) should govern discrimination claims against a school district"

  6. Certiorari Denied

    534 U.S. 826 (2001)   Cited 35 times
    Finding procedural default

  7. Matter of Miller v. DeBuono

    90 N.Y.2d 783 (N.Y. 1997)   Cited 78 times
    Finding the preponderance standard constitutionally mandated because the sanction at issue "publicly brand[ed] petitioner a patient abuser," banning her from employment in the residential health care industry and potentially preventing "future employment opportunities in any arena"

  8. State v. Green

    96 N.Y.2d 403 (N.Y. 2001)   Cited 69 times
    Holding that defendant was discharger within the meaning of Navigation Law § 181 because "[a]s the owner and lessor of the trailer park, Lakeside had the ability to control potential sources of contamination on its property, including maintenance of a 275-gallon kerosene tank"

  9. Majewski v. Broadalbin-Perth Central School District

    (N.Y. May. 12, 1998)   Cited 75 times
    In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."

  10. Affronti v. Crosson

    95 N.Y.2d 713 (N.Y. 2001)   Cited 59 times
    Taking judicial notice of document taken from public records

  11. Section 11.9 - Revocation of certification

    N.Y. Comp. Codes R. & Regs. tit. 5 § 11.9   Cited 15 times

    (a) The commissioner may revoke the certification of a business enterprise upon a finding of any one of the following: (1) the business enterprise made material misrepresentations of fact on its application for certification or on a business annual report, or the business enterprise failed to disclose facts in its application for certification that would constitute grounds for not issuing a certification; (2) the business enterprise has failed to construct, expand, rehabilitate, invest in or operate

  12. Section 14.2 - Notice of appeal

    N.Y. Comp. Codes R. & Regs. tit. 5 § 14.2   Cited 7 times

    (a) A business enterprise that received a notice of revocation of certification in accordance with section 11.9(c) of this Title may send a written notice to the Empire Zone Designation Board appealing the revocation of certification by no later than 15 business days from the date of the notice of revocation of certification. Failure by a business enterprise to appeal the commissioner's revocation of certification within the aforementioned 15 business day period will be deemed a waiver of the business

  13. Section 500.21 - Motions-general procedures

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.21

    (a) Return date. Regardless whether the court is in session, motions shall be returnable on a Monday or, if Monday is a legal holiday, the first business day of the week unless otherwise provided by statute, order to show cause or stipulation so ordered by a judge of the court. Motions shall be submitted without oral argument, unless the court directs otherwise. No adjournments shall be permitted other than in those limited instances provided by statute (CPLR 321[c] and 1022). (b) Notice and service

  14. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review