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In the Matter of NYC C.L.A.S.H., Inc., Appellant,v.New York State Office of Parks, Recreation and Historic Preservation et al., Respondents.

Brief

21 Cited authorities

  1. United States v. Craft

    535 U.S. 274 (2002)   Cited 493 times   3 Legal Analyses
    Holding that a federal tax lien may attach to tenancy by the entireties property to satisfy the tax obligation of one tenant

  2. Consolidated Edison Co. v. Public Serv. Comm'n

    447 U.S. 530 (1980)   Cited 594 times   1 Legal Analyses
    Holding content-based a regulation that barred utility company bill inserts expressing "opinions or viewpoints on controversial issues of public policy" but did not bar "topics that are not `controversial issues of public policy'"

  3. 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"

  4. GE CAPITAL v. TAX APPEALS DIV

    2 N.Y.3d 249 (N.Y. 2004)   Cited 86 times
    Observing that because “[t]hird-party finance companies do not carry the burden of collecting sales taxes as a trustee of the State,” it was not arbitrary or capricious for Tax Commission to preclude third parties from pursuing refund claims pertaining to uncollectible debts

  5. Matter of Nicholas v. Kahn

    47 N.Y.2d 24 (N.Y. 1979)   Cited 122 times
    In Nicholas the Public Service Commission adopted rules prohibiting various employees, and their children and spouses, from owning any interest in certain business concerns whose performance was related to companies regulated by the Commission.

  6. Clark v. Cuomo

    66 N.Y.2d 185 (N.Y. 1985)   Cited 90 times
    Noting that the executive order required State agencies to make voter registration forms available through their staffs and provide assistance in completing the forms

  7. Matter of Oswald N

    87 N.Y.2d 98 (N.Y. 1995)   Cited 47 times
    In Matter of Oswald N. (87 N.Y.2d 98, 104), we recognized the inability of modern psychiatry to guarantee the safety of the public through effective treatment permanently removing the potentiality of recurrent violent acts by persons found not responsible by reason of mental illness, thereby justifying extended continuous supervision over the acquittee by the criminal court through an order of conditions.

  8. Health Facilities v. Axelrod

    77 N.Y.2d 340 (N.Y. 1991)   Cited 48 times

    Argued November 14, 1990 Decided February 19, 1991 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Harold J. Hughes, J. Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants. Cornelius D. Murray, David M. Cherubin and Bernard Schwartz for respondent. HANCOCK, JR., J. In 1988, the Public Health Council, pursuant to the State Administrative Procedure Act, adopted a set of regulations (Medicaid Patient

  9. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. N.Y.C. Dep't of Health & Mental Hygiene

    2014 N.Y. Slip Op. 4804 (N.Y. 2014)   Cited 14 times

    No. 134 06-26-2014 In the Matter of NEW YORK STATEWIDE COALITION OF HISPANIC CHAMBERS OF COMMERCE, et al., Respondents, v. The NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al., Appellants. Michael A. Cardozo, Corporation Counsel, New York City (Richard Dearing, Fay Ng, Leonard J. Koerner, Pamela Seider Dolgow, Mark Muschenheim, Jasmine M. Georges, Spencer Fisher, Zachary W. Carter and Trevor D. Lippman of counsel), for appellants. Latham & Watkins LLP (Richard P. Bress, of the District

  10. Matter of Campagna v. Shaffer

    73 N.Y.2d 237 (N.Y. 1989)   Cited 44 times

    Argued January 5, 1989 Decided February 16, 1989 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jack Turret, J. Michael T. Wallender, John T. DeGraff, Jr., and Brian J. McCann for appellant. Robert Abrams, Attorney-General (Kathie Ann Whipple, O. Peter Sherwood, Richard G. Liskov and Ellen J. Fried of counsel), for respondent. BELLACOSA, J. Petitioner, a licensed real estate broker, challenges an order of the respondent Secretary of State, dated September

  11. Section 386.1 - No smoking area

    N.Y. Comp. Codes R. & Regs. tit. 9 § 386.1   Cited 4 times

    (a) Smoking of tobacco or any other product is prohibited in the following outdoor locations under the jurisdiction of the office: (1) any no smoking area designated by the commissioner. Examples of areas that may be designated as no smoking areas include: playgrounds, swimming pool decks, beaches, sport or athletic fields and courts, recreational facilities, picnic shelters, fishing piers, marinas, historic sites, group camps, park preserves, gardens, concessions, educational programming, or other

  12. Section 385.1 - Alcoholic beverages

    N.Y. Comp. Codes R. & Regs. tit. 9 § 385.1   Cited 3 times

    (a) Prohibition. It is prohibited for any person to consume, possess with intent to consume, transport in an open container or sell any alcoholic beverage on property under the jurisdiction of the office. (b) Exceptions. The prohibition in subdivision (a) shall not apply to an alcoholic beverage: (1) sold by or purchased from a concessionaire or a lessee under the terms and conditions of a concession license, lease, or permit issued by the office, provided that the alcoholic beverage is consumed

  13. Section 633.23 - Smoking: health and safety protections

    N.Y. Comp. Codes R. & Regs. tit. 14 § 633.23   Cited 1 times

    (a) This section applies to all facilities that are operated or certified by OPWDD, excluding family care homes. This section does not apply to non-certified services. (b) Smoking is defined in this section as the inhaling or tasting of smoke produced by a burning substance, most commonly tobacco, in the form of a cigarette, cigar, pipe tobacco, or other form that can be smoked. (c) Smoking is prohibited inside: (1) all residential facilities certified or operated by OPWDD, except family care homes

  14. Section 300-3.1 - Prohibited activities

    N.Y. Comp. Codes R. & Regs. tit. 9 § 300-3.1   Cited 1 times

    The activities and uses enumerated in this section shall be prohibited on all State property. (a) Littering. No person shall litter. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse on State property. (b) Destruction or abuse of property or equipment. No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment including, without limitation, vegetation

  15. Section 4064.5 - Smoking in silks prohibited

    N.Y. Comp. Codes R. & Regs. tit. 9 § 4064.5

    Amateur riders and jockeys are prohibited from smoking while in racing colors. N.Y. Comp. Codes R. & Regs. Tit. 9 § 4064.5

  16. Section 36-3.5 - Summer theatres

    N.Y. Comp. Codes R. & Regs. tit. 12 § 36-3.5

    (a) Definition. Theatres operating only during the months of May to October, inclusive, for a period of not more than 12 weeks, and whose capacity does not exceed 600 persons, constitute summer theatres and not temporary places of public assembly. Such theatres shall be governed only by the requirements of this section which applies to both existing and new summer theatres. (b) Occupancy restrictions. No summer theatre is permitted in a building any part of which is used as a garage, filling station

  17. Section 1506.10 - Maintenance

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1506.10

    (a) Open containers of volatile flammable liquids shall be prohibited in motor vehicle storage facilities. (b) Smoking shall be prohibited in motor vehicle storage facilities, and conspicuous durable signs to this effect shall be displayed therein at all times. N.Y. Comp. Codes R. & Regs. Tit. 9 § 1506.10

  18. Section 751.6 - Boating

    N.Y. Comp. Codes R. & Regs. tit. 21 § 751.6

    The approximately 400 acres of water area within Hudson River park are designated by the Hudson River park Act as an estuarine sanctuary. To protect and preserve this important resource and to promote the safe operation of vessels within Hudson River park waters, in addition to the requirements set forth in sections 751.1 through 751.7 of this Part, the following requirements and restrictions also apply to activities and uses within the park's water areas: (a)Permits. (1) Unless within an area designated

  19. Section 372.7 - Activities requiring a permit

    N.Y. Comp. Codes R. & Regs. tit. 9 § 372.7

    The following activities shall require a permit: (a) Fireworks and explosives. The introduction, possession or use of fireworks, gun powder, powder used in blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder or any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or