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In the Matter of Mark S. Wallach, as Chapter 7 Trustee for Norse Energy Corp. USA, Appellant,v.Town of Dryden et al., Respondents.

Brief

23 Cited authorities

  1. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 955 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  2. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 371 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  3. Gernatt Asphalt v. Sardinia

    87 N.Y.2d 668 (N.Y. 1996)   Cited 265 times   4 Legal Analyses
    In Gernatt —decided after the legislature had codified Frew Run's holding in an amendment to the MLRL's supersession clause—the Town of Sardinia amended its zoning ordinance to eliminate all mining as a permitted use throughout the town.

  4. People v. Finnegan

    85 N.Y.2d 53 (N.Y. 1995)   Cited 240 times
    In Finnegan, the Court of Appeals refused to read into another section of the VTL a requirement that the police affirmatively take certain steps, reasoning that because the Legislature did not impose such an obligation, the courts should not do so in the Legislature's place. Finnegan, 647 N.E.2d at 760-761.

  5. Commonwealth of the N. Mariana Islands v. Canadian Imperial Bank of Commerce

    2013 N.Y. Slip Op. 3018 (N.Y. 2013)   Cited 116 times   2 Legal Analyses
    Holding that the phrase “possession or custody” in § 5225(b) requires actual, and not merely constructive, possession

  6. DJL Restaurant Corp. v. City of New York

    96 N.Y.2d 91 (N.Y. 2001)   Cited 94 times
    Finding separate levels of oversight can coexist when the impact is tangential

  7. Kamhi v. Town of Yorktown

    74 N.Y.2d 423 (N.Y. 1989)   Cited 101 times
    In Kamhi, the Court of Appeals decided that the Town of Yorktown's local law could be authorized under the provisions of Municipal Home Rule Law, § 10(1)(ii)(d)(3), the so-called supersession authority.

  8. St. Onge v. Donovan

    71 N.Y.2d 507 (N.Y. 1988)   Cited 88 times
    In Donovan, 71 N.Y.2d at pp 515-516, the Court of Appeals emphasized that its holding in Dexter was not intended to divest zoning boards of their discretionary power to impose reasonable conditions in connection with a zoning decision.

  9. Incorporated Village of Nyack v. Daytop Village, Inc.

    78 N.Y.2d 500 (N.Y. 1991)   Cited 71 times
    Discussing New York Municipal Home Rule Law §§ 10, which gives counties the power to enact local laws in a wide range of matters relating to local concern, as long as the local legislation is not inconsistent with the State Constitution or with any general law of the State

  10. Gas Co. v. Appeal Board

    41 N.Y.2d 84 (N.Y. 1976)   Cited 91 times
    Upholding orders of state fair employment agencies sustaining comparable complaints

  11. Section 400.1 - Original issuance of license or change of control of a licensee

    N.Y. Comp. Codes R. & Regs. tit. 3 § 400.1   Cited 1 times

    (a) Application. No person shall engage in the business of cashing checks, drafts or money orders, as principal, broker, agent or otherwise, for a consideration, without first obtaining a license from the superintendent. This licensing requirement applies whether such activities are conducted for customers who are natural persons or for any business, corporation, partnership, limited liability company or partnership, association, or sole proprietorship, or any other entity. Application for a new