11 Cited authorities

  1. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"
  2. Trump-Equitable v. Gliedman

    57 N.Y.2d 588 (N.Y. 1982)   Cited 162 times

    Argued November 10, 1982 Decided December 14, 1982 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANK J. BLANGIARDO, J. Milton S. Gould and Roy M. Cohn for appellant. Frederick A.O. Schwarz, Jr. ( Edith I. Spivack and Rochelle M. Corson of counsel), for respondent. WACHTLER, J. The Trump-Equitable Fifth Avenue Company (Trump), which seeks a partial tax exemption in this proceeding, is a joint venture which owns a parcel of real property located at 721-725

  3. Entergy Nuclear Vermont Yankee, LLC v. Shumlin

    733 F.3d 393 (2d Cir. 2013)   Cited 49 times
    Finding "irreparable injury if the defendants were able to enforce [the challenged statute that would] shut down [plaintiff's business]"
  4. Visiting Nurse v. Health Dept

    2005 N.Y. Slip Op. 8764 (N.Y. 2005)   Cited 55 times

    158. Argued October 18, 2005. Decided November 17, 2005. APPEAL, by permission of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered December 9, 2004. The Appellate Division affirmed a judgment of the Supreme Court, Albany County (Bernard J. Malone, Jr., J.), which, in a proceeding pursuant to CPLR article 78, had granted the petition to annul a determination of respondent Department of Health (DOH) directing recoupment of Medicaid overpayments

  5. In re Blaize

    68 A.D.3d 759 (N.Y. App. Div. 2009)   Cited 25 times

    No. 2008-08923. December 1, 2009. In a proceeding pursuant to CPLR article 78 to review a determination of John T. Comer, as Community Superintendent of Community School District 22, dated March 20, 2003, which, after a hearing, among other things, in effect, reaffirmed a prior determination of Beverly Lynch, in her capacity as Rating Officer and Principal of Community School District 22, PS. 134, dated June 20, 2000, rating the petitioner's performance as "unsatisfactory," the petitioner appeals

  6. In Matter of Angello v. Labor Ready, Inc.

    2006 N.Y. Slip Op. 8282 (N.Y. 2006)   Cited 26 times   1 Legal Analyses
    In Angello v. Labor Ready, Inc., 859 N.E.2d 480 (N.Y. 2006), the New York Court of Appeals held that "deduction" under § 193 requires a "literal[]... act of taking away or subtraction."
  7. Entergy Nuclear Operation, Inc. v. N.Y. Dep't of State

    125 A.D.3d 21 (N.Y. App. Div. 2014)   Cited 8 times

    518510. 12-11-2014 In the Matter of ENTERGY NUCLEAR OPERATION, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF STATE et al., Respondents. Quinn Emanuel Urquhart & Sullivan, LLP, New York City (Kathleen M. Sullivan of counsel), Nixon Peabody, LLP, Albany (Andrew C. Rose of counsel), Marcus V. Brown, Entergy Services, Inc., New Orleans, Louisiana and William B. Glew Jr., Entergy Services, Inc., White Plains, for appellants. Eric T. Schneiderman, Attorney General, Albany (Denise A. Hartman

  8. New Jersey Environmental Federation v. United States Nuclear Regulatory Commission

    645 F.3d 220 (3d Cir. 2011)   Cited 6 times

    No. 09-2567. Argued January 5, 2011. Filed: May 18, 2011. Julia A. LeMense, Kevin J. Pflug, William J. Schulte, Newark, NJ, Richard Webster (Argued), Public Justice, Washington, DC, for Petitioners, New Jersey Environmental Federation; Sierra Club; Nuclear Information and Resource Service; New Jersey Public Interest Research Group. Julia A. LeMense, Newark, NJ, Richard Webster (Argued), Public Justice, Washington, DC, for Petitioner, Grandmothers, Mothers and More For Energy Safety. Robert M. Rader

  9. Matter, Zajdowicz v. N.Y.S., L. Police, Fire

    267 A.D.2d 863 (N.Y. App. Div. 1999)   Cited 7 times

    Decided December 23, 1999 Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner's requests for accidental and performance of duty disability retirement benefits. Ralph C. Lorigo, West Seneca, for petitioner. Eliot Spitzer, Attorney-General (Francis V. Dow of counsel), Albany, for respondents. Before: CARDONA, P.J., MIKOLL, CREW III, YESAWICH JR. and MUGGLIN

  10. Section 2133 - Commercial licenses

    42 U.S.C. § 2133   Cited 48 times

    (a) Conditions The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to section 2153 of this title, utilization or production facilities for industrial or commercial purposes. Such licenses shall be issued in accordance with the provisions of subchapter XV and subject to such conditions as the

  11. Section 1455 - Administrative grants

    16 U.S.C. § 1455   Cited 44 times
    Listing requirements of state management programs