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In the Matter of the Association for a Better Long Island, Inc., et al., Petitioners, Town of Riverhead et al., Appellants,v.New York State Department of Environmental Conservation, et al., Respondents.

Brief

38 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,160 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  3. Saratoga Cty. Chamber of Commerce v. Pataki

    100 N.Y.2d 801 (N.Y. 2003)   Cited 638 times   2 Legal Analyses
    Holding that approval of Indian gaming compact by the governor usurped the power of the legislature and violated the state constitution and the separation of powers doctrine

  4. Society of Plastics v. Suffolk

    77 N.Y.2d 761 (N.Y. 1991)   Cited 959 times   3 Legal Analyses
    In Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 570 N.Y.S.2d 778, 573 N.E.2d 1034 (1991), this Court examined the law of standing, and set forth a framework for deciding whether parties have standing to challenge governmental action in land use matters generally, and under the State Environmental Quality Review Act (ECL art. 8 [SEQRA]), specifically.

  5. In Matter of Yarbough v. Franco

    95 N.Y.2d 342 (N.Y. 2000)   Cited 351 times
    In Matter of Yarbough v. Franco, 95 N.Y.2d 342, 717 N.Y.S.2d 79, 740 N.E.2d 224 [2000], the Court held that a tenant's application to vacate a default judgment extended the four-month limitations period.

  6. Nurse Anesthetists v. Novello

    2 N.Y.3d 207 (N.Y. 2004)   Cited 313 times   2 Legal Analyses
    Holding that standing may not be based on "hypothesized harm," and that "[p]laintiff's speculation about the future course the Guidelines might take [i.e., the future injury their application might cause to plaintiff] cannot supply the missing ingredient of in-fact injury."

  7. In re Best Payphones v. Dept. of Info. Tech.

    5 N.Y.3d 30 (N.Y. 2005)   Cited 244 times   1 Legal Analyses
    Recognizing a policy reason for abbreviated time frames applicable to CPLR article 78 proceedings that "the operation of government agencies should not be unnecessarily clouded by potential litigation"

  8. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  9. Klostermann v. Cuomo

    61 N.Y.2d 525 (N.Y. 1984)   Cited 411 times
    In Klostermann, the public agencies involved were in repeated noncompliance with the command of Mental Hygiene Law § 29.15 (g), which required preparation of a written service plan, with prescribed contents, for every person discharged from state psychiatric hospitals.

  10. Walton v. Correctional Servs

    2007 N.Y. Slip Op. 1384 (N.Y. 2007)   Cited 203 times
    Holding claimants must initiate Article 78 proceedings "within four months after the determination to be reviewed becomes final and binding upon the petitioner"