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In the Matter of Caralyn A. Matsen, Appellant,v.New York State Department of Motor Vehicles, et al., Respondent.

Brief

34 Cited authorities

  1. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,716 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

  2. Matter of Brusco v. Braun

    84 N.Y.2d 674 (N.Y. 1994)   Cited 280 times
    In Brusco, for example, the Article 78 proceeding sought to compel the issuance of a judgment to which the Petitioner was entitled by law.

  3. 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"

  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. Holmes v. New York City Housing Authority

    398 F.2d 262 (2d Cir. 1968)   Cited 184 times
    Holding that the mere fact that some allegations in a complaint lack detail is not enough to warrant a dismissal

  6. People v. Letterlough

    86 N.Y.2d 259 (N.Y. 1995)   Cited 81 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 N.Y.2d 259, 631 N.Y.S.2d 105, 655 N.E.2d 146 [1995]).

  7. People v. Prescott

    95 N.Y.2d 655 (N.Y. 2001)   Cited 67 times
    In People v. Prescott, (95 N.Y.2d 655 [2001]), the Court of Appeals rejected the argument that section 110 of the penal law could be applied to sections 1192 (driving while intoxicated) and 511 (aggravated unlicensed operation of a motor vehicle).

  8. Matter of Nicholas v. Kahn

    47 N.Y.2d 24 (N.Y. 1979)   Cited 122 times
    In Nicholas the Public Service Commission adopted rules prohibiting various employees, and their children and spouses, from owning any interest in certain business concerns whose performance was related to companies regulated by the Commission.

  9. In re Dutchess County Dept. of Social Ser., v. Day

    96 N.Y.2d 149 (N.Y. 2001)   Cited 62 times

    Decided May 3, 2001. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 28, 2000, which affirmed an order of the Family Court, Dutchess County (Damian J. Amodeo, J.), denying objections to two orders of that Family Court (Esther R. Furman, H.E.) that directed respondents to pay a total of $4,375 as reimbursement to petitioner for money it expended on behalf of respondents' minor child while

  10. People v. Litto

    2007 N.Y. Slip Op. 5582 (N.Y. 2007)   Cited 48 times
    Noting that "a prosecutor must show impairment by alcohol to prove a violation of subdivision 1 — resulting in a traffic infraction," and that "[s]ubdivision 1 is a lesser-included offense of subdivisions 2 and 3"

  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 82 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 131.3 - Point values

    N.Y. Comp. Codes R. & Regs. tit. 15 § 131.3   Cited 15 times

    (a) All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in subdivision (b) of this section. (b) (1) The following violations shall be assigned a point value of 11 points: (i) any violation involving speeding more than 40 miles per hour over the speed limit. (2) The following violations shall be assigned a point value of eight points: (i) any violation involving speeding more than 30 but not more than 40 miles per hour over the speed limit. (3) The

  13. Section 136.4 - Denial of application following record review

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.4   Cited 10 times

    (a) An application for a driver's license shall be denied if: (1) a disability, as defined in section 136.1(b)(2) of this Part, is found, unless evidence shall be presented to satisfy the commissioner that such individual may safely operate a motor vehicle; and/or (2) there is a history of abuse of alcohol or drugs, as defined in section 136.1(b)(3) of this Part, with insufficient evidence of rehabilitative effort; and/or (3) There is a combination of safety factors, as defined in Section 136.1(b)(5)

  14. 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

  15. Section 134.7 - Criteria for issuance of a conditional license

    N.Y. Comp. Codes R. & Regs. tit. 15 § 134.7   Cited 1 times

    (a) The issuance of a conditional license shall be denied to any person who enrolls in a program if a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply. (1) The person has been convicted of homicide, assault, criminal negligence or criminally negligent homicide arising out of operation of a motor vehicle. (2) The conviction, adjudication or finding upon which eligibility for a rehabilitation program is

  16. 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