36 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,556 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  2. Perez v. City of N.Y

    41 A.D.3d 378 (N.Y. App. Div. 2007)   Cited 136 times
    Holding that "the City and the [BOE] remain separate legal entities"
  3. Guggenheim Found. v. Lubell

    77 N.Y.2d 311 (N.Y. 1991)   Cited 181 times   2 Legal Analyses
    Holding that "although [defendant-]appellant’s Statute of Limitations argument fails, [its] contention that the [plaintiff] did not exercise reasonable diligence in locating the painting" is relevant "in the context of laches defense"
  4. John v. Portville Central Sch. Dist

    2009 N.Y. Slip Op. 2645 (N.Y. 2009)   Cited 74 times
    Instructing courts to read contracts as a whole and not place “undue emphasis” upon particular words or phrases
  5. People v. Fernandez

    2012 N.Y. Slip Op. 7145 (N.Y. 2012)   Cited 33 times

    2012-10-25 The PEOPLE of the State of New York, Respondent, v. Sandy FERNANDEZ, Appellant. Steven Banks, Legal Aid Society, New York City (Svetlana M. Kornfeind of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Terry–Ann Corniffe and Leonard Joblove of counsel), for respondent. Steven Banks, Legal Aid Society, New York City (Svetlana M. Kornfeind of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Terry–Ann Corniffe and Leonard Joblove of counsel),

  6. Goodwin v. Perales

    88 N.Y.2d 383 (N.Y. 1996)   Cited 46 times
    Noting that regulations may go beyond the text of a statute only "as long as they are in harmony with the statute’s over-all purpose"
  7. Marcus Assoc. v. Huntington

    45 N.Y.2d 501 (N.Y. 1978)   Cited 77 times
    In Marcus Assoc. v. Town of Huntington (45 N.Y.2d 501), an ordinance limiting the permitted uses of a building in a light industrial district was upheld since it was rationally designed to achieve the goal of preserving the character of the district.
  8. Cayuga-Onondaga Bd. v. Sweeney

    89 N.Y.2d 395 (N.Y. 1996)   Cited 39 times
    Discussing briefly the legislative history of § 220 and the prevailing wage constitutional amendment
  9. People v. Miller

    2012 N.Y. Slip Op. 2127 (N.Y. 2012)   Cited 16 times

    2012-03-22 The PEOPLE of the State of New York, Appellant, v. Jeffery H. MILLER, Respondent. Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for appellant. Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for respondent. SMITH Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for appellant. Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for respondent. OPINION OF THE COURT SMITH, J. [1]

  10. Johnson City Prof'l Firefighters Local 921 v. Vill. of Johnson City

    2011 N.Y. Slip Op. 8226 (N.Y. 2011)   Cited 11 times   1 Legal Analyses

    2011-11-17 In the Matter of the ARBITRATION BETWEEN JOHNSON CITY PROFESSIONAL FIREFIGHTERS LOCAL 921, et al., Respondents,andVillage of Johnson City, Appellant. (Proceeding No. 1.)In the Matter of the Arbitration between Village of Johnson City, Appellant,andJohnson City Firefighters Association, Local 921 IAFF, Respondent. (Proceeding No. 2.). Coughlin & Gerhart, L.L.P., Binghamton (Paul J. Sweeney, Anna Dmitriev and Katelyn R. Dumont of counsel), for appellant. Hinman, Howard & Kattell, LLP, Binghamton

  11. Section 220 - Hours, wages and supplements

    N.Y. Lab. Law § 220   Cited 305 times
    Mandating individuals who work at public institutions receive prevailing wages
  12. Section 20 - Rules

    N.Y. Civ. Serv. Law § 20   Cited 85 times

    1. Scope of rules. Each municipal civil service commission shall prescribe, amend and enforce suitable rules for carrying into effect the provisions of this chapter and of section six of article five of the constitution of the state of New York, including rules for the jurisdictional classification of the offices and employments in the classified service under its jurisdiction, for the position classification of such offices and employments, for examinations therefor and for appointments, promotions

  13. Section 52 - Promotion examinations

    N.Y. Civ. Serv. Law § 52   Cited 83 times

    1. Filling vacancies by promotion. Except as provided in section fifty-one, vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding competitive class positions in a lower grade in the department in which the vacancy exists, provided that such lower grade positions are in direct line of promotion, as determined by the state civil service department or municipal commission; except that where the state civil service department or

  14. Section 41 - Exempt class

    N.Y. Civ. Serv. Law § 41   Cited 45 times

    1. The following offices and positions shall be in the exempt class: (a) one secretary of each state department or division, temporary state commission or other state officer authorized by law to appoint a secretary; (b) the deputies of principal executive officers authorized by law to act generally for and in place of their principals; (c) one secretary of each municipal board or commission authorized by law to appoint a secretary; (d) one clerk and one deputy clerk if authorized by law, of each

  15. Section 42 - Non-competitive class

    N.Y. Civ. Serv. Law § 42   Cited 40 times

    1. The non-competitive class shall include all positions that are not in the exempt class or the labor class and for which it is found by the commission having jurisdiction to be not practicable to ascertain the merit and fitness of applicants by competitive examination. Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is prescribed by the state civil service department or municipal commission having jurisdiction. No position shall be

  16. Section 206 - Procedures for determination of representation status of local employees

    N.Y. Civ. Serv. Law § 206   Cited 5 times
    Addressing disputes concerning the representation status of employee organizations