42 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,551 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. Roberts v. Health Hosps

    87 A.D.3d 311 (N.Y. App. Div. 2011)   Cited 64 times
    In Health & Hosps., petitioners brought an Article 78 proceedings to challenge the New York City Health and Hospitals Corporation's ("HHC") decision to reduce its maintenance staff on the ground that it would create an unsafe condition for patients and staff members who remained employed.
  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. 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
  8. Rapp v. Carey

    44 N.Y.2d 157 (N.Y. 1978)   Cited 59 times
    Holding that the governor of New York "has only those powers delegated to him by the [state] Constitution and the statutes"
  9. People v. Levy

    2010 N.Y. Slip Op. 8387 (N.Y. 2010)   Cited 13 times
    Affirming conviction where defendant challenged, inter alia, trial court's refusal to give requested jury instructions where, in denying requested instructions, the trial judge ruled the purpose of jury instructions "is to provide the law as basic and as simple as possible [while] containing all the necessary elements" of the charged crime
  10. Hroncich v. Con Edison

    2013 N.Y. Slip Op. 6632 (N.Y. 2013)   Cited 10 times

    2013-10-15 In the Matter of the Claim of Gaudenzia HRONCICH, Respondent, v. CON EDISON et al., Appellants, and Special Disability Fund, Respondent. Workers' Compensation Board, Respondent. Cherry, Edson & Kelly, LLP, Carle Place (David W. Faber of counsel), and Steven M. Scotti, New York City, for appellants. Steven M. Licht, Special Funds Conservation Committee, Albany (Jill B. Singer of counsel), for Special Disability Fund, respondent. READ Cherry, Edson & Kelly, LLP, Carle Place (David W. Faber

  11. Section 209-A - Improper employer practices; improper employee organization practices; application

    N.Y. Civ. Serv. Law § 209-A   Cited 335 times

    1. Improper employer practices. It shall be an improper practice for a public employer or its agents deliberately (a) to interfere with, restrain or coerce public employees in the exercise of their rights guaranteed in section two hundred two of this article for the purpose of depriving them of such rights; (b) to dominate or interfere with the formation or administration of any employee organization for the purpose of depriving them of such rights; (c) to discriminate against any employee for the

  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 44 - Competitive class

    N.Y. Civ. Serv. Law § 44   Cited 31 times
    Defining the "competitive class" for which examinations are required