§Why CasetextPricing

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

23 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. Pension Benefit Guaranty Corp. v. LTV Corp.

    496 U.S. 633 (1990)   Cited 556 times   4 Legal Analyses
    Holding that the APA does not specifically require the agency to explain its decision when an informal adjudication is involved

  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. Clark v. Cuomo

    66 N.Y.2d 185 (N.Y. 1985)   Cited 91 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

  5. 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.

  6. 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

  7. 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

  8. Justiana v. Niagara County Dept. of Health

    45 F. Supp. 2d 236 (W.D.N.Y. 1999)   Cited 11 times
    Holding that it was not irrational to enact legislation to protect against ETS in a piecemeal fashion

  9. Dutchess/Putnam Restaurant & Tavern Ass'n v. Putnam County Department of Health

    178 F. Supp. 2d 396 (S.D.N.Y. 2001)   Cited 7 times
    Holding that county's regulations violated the "separation of powers doctrine, embodied in the New York State Constitution"

  10. Leonard v. Dutchess Cty. Dept. of Health

    105 F. Supp. 2d 258 (S.D.N.Y. 2000)   Cited 5 times
    Finding that the identical Dutchess County regulation restricting smoking in bar areas of restaurants "departed from merely following legislative guidance and went forward into a legislating foray all its own"

  11. Section 375.1 - Activities absolutely prohibited

    N.Y. Comp. Codes R. & Regs. tit. 9 § 375.1   Cited 7 times

    The activities and uses enumerated in this section shall be absolutely prohibited on property under the jurisdiction, custody and control of the office. (a) Failure to wear face coverings and prohibition on non-essential gatherings during the COVID-19 state disaster emergency declared by Executive Order 202. (1) Every person over the age of two, and who can medically tolerate a face covering, shall wear an acceptable face covering if they come within six feet of another person who is not a member

  12. Section 413.2 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 18 § 413.2   Cited 4 times

    (a) (1)Child day care means care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, step-parent, guardian or relative within the third degree of consanguinity of the parents or step-parents of such child. A relative within the third degree of consanguinity of the parent or step-parent includes: the grandparents of the child; the great-grandparents of the child; the great-great-grandparents of the child; the aunts

  13. 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

  14. 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

  15. 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

  16. 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

  17. Section 414.1 - Definitions, enforcement and hearings

    N.Y. Comp. Codes R. & Regs. tit. 18 § 414.1

    The provisions of Part 413 of this Title apply to this Part. N.Y. Comp. Codes R. & Regs. Tit. 18 § 414.1 Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020

  18. 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

  19. 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

  20. Section 1085.5 - Prohibited uses

    N.Y. Comp. Codes R. & Regs. tit. 21 § 1085.5

    No person in a terminal, station or train shall: (a) block free movement of another person or persons; lie on the floor, platforms, stairs, tables, benches, chairs or other furniture designed for sitting, counters or landings; or occupy more than one seat; (b) create any unreasonable noise by any means. Use of radios and other sound-producing devices on trains must be accomplished by means of headphones or earphones and must be inaudible to others; (c) throw, drop or cause to be propelled any object