27 Cited authorities

Mathews v. Eldridge
424 U.S. 319 (1976) Cited 15,754 times 42 Legal Analyses
Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
Kurcsics v. Merchants Mut
49 N.Y.2d 451 (N.Y. 1980) Cited 618 times
In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.
Matter of Philip M
82 N.Y.2d 238 (N.Y. 1993) Cited 349 times
Affirming order releasing children to respondents despite their denial of having caused their abuse
Columbus Apts., Inc. v. New York State Div. of Hous. & Community Renewal
5 N.Y.3d 303 (N.Y. 2005) Cited 92 times
96. Argued May 4, 2005. Decided June 14, 2005. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 26, 2004. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Sheila Abdus-Salaam, J.), which, in a proceeding pursuant to CPLR article 78, had denied the petition to review a determination of respondent New York State Division of Housing and Community
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
Zamora v. N.Y. Neurologic Assocs.
2012 N.Y. Slip Op. 3357 (N.Y. 2012) Cited 50 times 2 Legal Analyses
2012-05-1 In the Matter of the Claim of Rocio ZAMORA, Respondent, v. NEW YORK NEUROLOGIC ASSOCIATES et al., Appellants. Workers' Compensation Board, Appellant. Vecchione, Vecchione & Connors, Garden City Park (Michael F. Vecchione, Brooklyn, and Sean J. McKinley of counsel), for New York Neurologic Associates and another, appellants. Eric T. Schneiderman, Attorney General, Albany (Paul Groenwegen, Albany, Barbara D. Underwood, Brooklyn, and Andrew D. Bing, Albany, of counsel), for New York State
Mtr. of Belmonte v. Snashall
2 N.Y.3d 560 (N.Y. 2004) Cited 62 times
Observing that agency interpretation is entitled to deference if interpretation involves “some type of specialized knowledge,” but that no deference is warranted where “the question is one of pure statutory reading and analysis”
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.
In re Jaquin
69 A.D.3d 998 (N.Y. App. Div. 2010) Cited 20 times
No. 506011. January 7, 2010. Appeal from a decision of the Workers' Compensation Board, filed January 24, 2008, which ruled that claimant did not sustain a causally related injury and denied her claim for workers' compensation benefits. Brenda Jaquin, Chittenango, appellant pro se. Wolff, Goodrich Goldman, L.L.P., Syracuse (Robert E. Geyer Jr. of counsel), for Community Covenant Church and another, respondents. Before: Mercure, J.P., Rose, Lahtinen and Malone Jr., JJ., concur. Garry, J. Claimant
In re Smith
82 A.D.3d 1334 (N.Y. App. Div. 2011) Cited 11 times 2 Legal Analyses
No. 510461. March 3, 2011. Appeal from a decision of the Workers' Compensation Board, filed November 13, 2009, which, among other things, ruled that claimant sustained a compensable injury and awarded workers' compensation benefits. Walsh and Hacker, Albany (Glenn D. Chase of counsel), for appellants. Law Firm of Alex C. Dell, Albany (George P. Ferro of counsel), for Raymond C. Smith, respondent. Eric T. Schneiderman, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation
Section 324.2 - Medical treatment guidelines
N.Y. Comp. Codes R. & Regs. tit. 12 § 324.2 Cited 13 times 1 Legal Analyses
(a) Medical Treatment Guidelines. Regardless of the date of accident or date of disablement, treatment of on the job injuries, illnesses, or occupational diseases shall be consistent with the applicable Medical Treatment Guidelines set forth herein. The operative Medical Treatment Guidelines shall be the Medical Treatment Guidelines in place on the date on which medical services are rendered. All Treating Medical Providers shall treat all existing and new workers' compensation injuries, illnesses

In the Matter of Maureen Kigin, Appellant,v.State of New York Workers' Compensation Board et al., Respondents.

27 Cited authorities

In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.

Affirming order releasing children to respondents despite their denial of having caused their abuse

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

Observing that agency interpretation is entitled to deference if interpretation involves “some type of specialized knowledge,” but that no deference is warranted where “the question is one of pure statutory reading and analysis”

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.