19 Cited authorities

  1. Birchfield v. North Dakota

    136 S. Ct. 2160 (2016)   Cited 833 times   16 Legal Analyses
    Holding that the Fourth Amendment prohibits warrantless blood tests incident to arrest for drunk driving
  2. Roe v. Wade

    410 U.S. 113 (1973)   Cited 3,840 times   12 Legal Analyses
    Holding that end of pregnancy did not moot the case because the plaintiff was capable of becoming pregnant again
  3. South Dakota v. Neville

    459 U.S. 553 (1983)   Cited 963 times   3 Legal Analyses
    Holding that the use of such an adverse inference does not violate the Fifth Amendment right against self-incrimination
  4. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 220 times   3 Legal Analyses
    In Boreali v. Axelrod, 71 N.Y.2d 1 (1987), the high court invalidated antismoking regulations promulgated by the Public Health Council ("PHC") on the ground that the detailed regulatory scheme exceeded the PHC's statutory authority over matters affecting the public health.
  5. Coleman v. Daines

    2012 N.Y. Slip Op. 7222 (N.Y. 2012)   Cited 74 times
    Discussing a "hybrid CPLR article 78 proceeding and 42 USC § 1983 action"
  6. Matter of Miller v. DeBuono

    90 N.Y.2d 783 (N.Y. 1997)   Cited 76 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"
  7. People v. Letterlough

    86 N.Y.2d 259 (N.Y. 1995)   Cited 67 times
    In Letterlough, this Court recognized that the overriding purpose of imposing a sentence of probation under Penal Law § 65.10 is to rehabilitate the offender (86 NY2d 259 [1995]).
  8. Forti v. New York State Ethics Commission

    75 N.Y.2d 596 (N.Y. 1990)   Cited 53 times
    Upholding “revolving door” provisions of state law restricting professional activities of former governmental employees that had “merely incidental” effect on the practice of law
  9. St. Clair Nation v. City of New York

    2010 N.Y. Slip Op. 3471 (N.Y. 2010)   Cited 13 times

    No. 63. Argued March 22, 2010. decided April 29, 2010. APPEAL, by permission of the Court of Appeals, from a judgment (denominated decision and order) of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 10, 2009, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division judgment, insofar as appealed from, modified, on the law, a determination of respondent

  10. Matter of Swalbach v. State Liq. Auth

    166 N.E.2d 811 (N.Y. 1960)   Cited 56 times
    Holding that an agency may not avoid its duty to adjudicate on a case-by-case basis by adopting a policy that forecloses consideration of the facts the legislature intended to be taken into account
  11. Section 136.5 - Special rules for applicants with multiple alcohol - or drug-related driving convictions or incidents and for applicants with an alcohol-related conviction related to a fatal accident

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.5   Cited 59 times

    (a) For the purposes of this section: (1) "Alcohol- or drug-related driving conviction or incident" means any of the following, not arising out of the same incident: (i) a conviction of a violation of section 1192 of the Vehicle and Traffic Law or an out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs; (ii) a finding of a violation of section 1192-a of the Vehicle and Traffic Law or a finding of a refusal to submit to a chemical test under section 1194-a

  12. Section 132.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 15 § 132.1   Cited 9 times

    (a) Alcohol- or drug-related driving conviction or incident means any of the following, not arising out of the same incident: (1) a conviction of a violation of section 1192 of the Vehicle and Traffic Law; (2) a finding of a violation of section 1192-a of the Vehicle and Traffic Law; provided, however, that no such finding shall be considered after the expiration of the retention period contained in paragraph (k) of subdivision 1 of section 201 of the Vehicle and Traffic Law; (3) a conviction of

  13. Section 136.10 - Application for relicensing

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.10   Cited 8 times

    (a) Application by the holder of a post-revocation conditional license. Upon the termination of the period of probation set by the court, the holder of a post-revocation conditional license may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle. An application for licensure may be approved if the applicant demonstrates that he or she: (1) has a valid post-revocation conditional license; and (2) has demonstrated evidence of rehabilitation as required by

  14. Section 136.1 - Introduction

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.1   Cited 8 times

    (a) Intent. Section 510 of the Vehicle and Traffic Law provides that a license may be issued after revocation in the discretion of the commissioner. In exercising such discretion and in keeping with his responsibility to provide meaningful safeguards for the general public who are users of the highways, it is the purpose of the commissioner to utilize departmental driver improvement programs in order to rehabilitate problem drivers through the use of education and explanation. It is the further purpose

  15. Section 136.6 - Weighing of safety factors

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.6   Cited 1 times

    (a) There shall be assigned to each safety factor a negative unit as follows: Safety factor Assigned negative units over one year within one to three year of years of application application (1) for each reportable accident of record with a -5 -8 finding by the referee of gross negligence in the operation of a motor vehicle in a manner showing a reckless disregard for the life and property of others (2) for each reportable accident of record with -3 -4 conviction involvement or with a finding by

  16. Section 8.2 - Waiver of road test

    N.Y. Comp. Codes R. & Regs. tit. 15 § 8.2

    In addition to any other tests required, an applicant for a license, other than a renewal license, shall be required to pass a road test in a vehicle appropriate to the type of license for which application is made, except that such road test requirement shall be waived: (a) if the applicant was formerly a resident of another state, the District of Columbia, Guam, Puerto Rico, the Canal Zone or a province of Canada and has become a resident of this State, and is or was, within two years prior to

  17. Section 136.9 - Effect of completion of the alcohol and drug rehabilitation program

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.9

    The successful completion of the article 21 alcohol and drug rehabilitation program, where no intervening safety factors occurred between the date such person entered the program and the date the application for a license is made and with no subsequent incidents of operating a motor vehicle while under the influence of alcoholic beverages or drugs, shall be considered evidence of rehabilitative effort satisfactory for the purposes of this Part. Provided, however, if enrollment in the program based

  18. Section 136.2 - Approval of application

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.2

    Except as provided in sections 136.3, 136.4 and 136.5 of this Part, an application for a driver's license shall be approved. In addition, an application for re-licensure shall be waived under the following circumstances: (a) If the licensee holds a commercial driver's license and a conviction results in the revocation of both the commercial and non-commercial portion of his or her driver's license, the commercial portion of the driver's license shall be automatically restored after the minimum one-