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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

39 Cited authorities

  1. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,351 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  2. Leader v. Maroney

    97 N.Y.2d 95 (N.Y. 2001)   Cited 771 times   2 Legal Analyses
    Holding that courts have discretion to decide whether to extend time to serve for good cause shown or in the interest of justice

  3. People v. Applied Card

    2008 N.Y. Slip Op. 5780 (N.Y. 2008)   Cited 200 times
    Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”

  4. 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.

  5. Criscione v. City of New York

    97 N.Y.2d 152 (N.Y. 2001)   Cited 123 times
    In Criscione, a police officer was involved in a car accident while responding to a dispatch call to investigate a family dispute.

  6. Jancyn Mfg. v. Suffolk County

    71 N.Y.2d 91 (N.Y. 1987)   Cited 140 times   1 Legal Analyses
    Holding that State law did not preempt a county ordinance prohibiting sale of sewage system cleaning additives where there was no express conflict with State Environmental Control Law

  7. 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

  8. 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

  9. Little Joseph v. Babylon

    41 N.Y.2d 738 (N.Y. 1977)   Cited 107 times
    Indicating that New York still adheres to balancing of risk and utility, requiring that harm to plaintiff must outweight social usefulness of defendant's activity

  10. Consolidated Edison Co. of New York, Inc. v. Department of Environmental Conservation

    71 N.Y.2d 186 (N.Y. 1988)   Cited 68 times
    In Matter of Consolidated Edison Co. v Department of Envtl. Conservation (71 N.Y.2d 186, 192), the Court of Appeals found that in areas of regulation requiring technical expertise, regulations within the "traditional agency role of applying technical expertise to implement legislative goals" should be upheld.

  11. Section 85.045 - Waste Illegal and Prohibited

    Tex. Nat. Res. Code § 85.045   Cited 6 times
    Offering various definitions of waste

  12. Section 225 ILCS 725/1.1

    225 ILCS 725/1.1

    Waste as defined by this Act is prohibited. 225 ILCS 725/1.1 Laws 1951, p. 1500.

  13. Section 550.3 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 6 § 550.3   Cited 5 times

    Unless the context otherwise requires, the words defined below shall have the following meaning when used in the rules, regulations, orders or amendments thereof of the Department of Environmental Conservation relative to the natural resources of oil and gas: (a) Administrative basis shall mean an action taken by the department without first holding public hearing relative thereto. (b) Barrel shall mean 42 U.S. gallons. (c) Blow-out shall mean an uncontrolled, sudden or violent escape of oil or gas