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In the Matter of The Council of the City of New York, Respondent,v.The Department of Homeless Services of the City of New York, et al., Appellants.

Brief

27 Cited authorities

  1. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  2. 242-44 East 77th Street, LLC v. Greater New York Mutual Insurance

    31 A.D.3d 100 (N.Y. App. Div. 2006)   Cited 86 times
    Noting that "the meaning of a word in a series of words is determined by the company it keeps"

  3. Matter of Roman Catholic Diocese v. St. Dept. of Hlth

    66 N.Y.2d 948 (N.Y. 1985)   Cited 142 times

    Argued November 13, 1985 Decided December 17, 1985 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Harold J. Hughes, J. Robert Abrams, Attorney-General (Deborah Bachrach, Robert Hermann, Rosemarie Rhodes, Lawrence S. Kahn and Martha J. Olson of counsel), for New York State Department of Health and another, appellants. Kenneth J. Connolly for Health Systems Agency of Northeastern New York, Inc., appellant. Gerald H. Katzman and Miriam M. Netter for intervenor-appellant

  4. Matter Schwartfigure v. Hartnett

    83 N.Y.2d 296 (N.Y. 1994)   Cited 63 times

    Argued February 16, 1994 Decided March 22, 1994 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department Joseph P. Torraca, J. Richard Gardner, Canton, for appellant. G. Oliver Koppell, Attorney-General, Brooklyn (Maryellen Weinberg, Jerry Boone, Peter H. Schiff and Jane Lauer Barker of counsel), for respondent. LEVINE, J. In 1988, petitioner was originally found qualified for and began to receive unemployment insurance benefits. The initial determination was overruled

  5. People v. Illardo

    48 N.Y.2d 408 (N.Y. 1979)   Cited 90 times

    Argued October 10, 1979 Decided November 27, 1979 Appeal from the Erie County Court, JOSEPH P. McCARTHY, J. Paul J. Cambria, Jr., and Herald Price Fahringer for appellant. Edward C. Cosgrove, District Attorney (John De Frank and Judith Blake Manzella of counsel), for respondent. Robert Abrams, Attorney-General (Shirley Adelson Siegel and John J. Warner, Jr., of counsel), in his statutory capacity under section 71 of the Executive Law. FUCHSBERG, J. We uphold in this case the affirmative defense provisions

  6. Cubas v. Martinez

    2007 N.Y. Slip Op. 4723 (N.Y. 2007)   Cited 33 times
    In Cubas v. Martinez, (8 NY3d 611 [2007]) the Court of Appeals held that, when the Department of Motor Vehicles ("DMV") specified the documentary proof required to obtain a driver's license where the applicant was not eligible for a social security number, the DMVs action was consistent with a duty imposed by a pre-existing State regulation and, therefore, not subject to SAPA.

  7. New York City Transit Authority v. New York State Department of Labor

    666 N.E.2d 1336 (N.Y. 1996)   Cited 43 times
    In Matter of New York City Tr. Auth. v. New York State Dept. of Labor (88 N.Y.2d 225, 229 ["NYCTA"]), we held that "only a fixed, general principle to be applied by an administrative agency without regard to other facts and circumstances relevant to the regulatory scheme of the statute it administers constitutes a rule or regulation" that must be promulgated in conformance with article IV, § 8 of the State Constitution and in substantial compliance with SAPA.

  8. Mtr. Allstate Ins. Co. v. Libow

    106 A.D.2d 110 (N.Y. App. Div. 1984)   Cited 63 times
    Prohibiting stacking of $10,000 maximum for personal injury and $50,000 for wrongful death under § (f) endorsement when plaintiff's decedent died one month after sustaining injuries

  9. Senior Care Serv. v. N.Y. State D.O.H

    46 A.D.3d 962 (N.Y. App. Div. 2007)   Cited 25 times

    No. 501938. December 6, 2007. Appeal from a judgment of the Supreme Court (Stein, J.), entered August 28, 2006 in Albany County, which, among other things, dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Department of Health denying petitioner's application to be an enrolled Medicaid provide. Michele L. Anderson, L.L.C., Saratoga Springs (Gregory Piche of Holland Hart, P.C., Denver

  10. Matter of Allstate Insurance Company v. Libow

    65 N.Y.2d 807 (N.Y. 1985)   Cited 49 times

    Argued May 30, 1985 Decided June 28, 1985 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Charles R. Rubin, J. James Cohen and Daniel Cohen for appellant. J. Irwin Shapiro and Daniel Kolko for respondent. Order affirmed, with costs, for the reasons stated in the opinion by former Justice Seymour Boyers at the Appellate Division ( 106 A.D.2d 110). We note, however, that the regulations of the Superintendent of Insurance (11 N.Y.CRR 60.1 [a]) construe Vehicle

  11. Section 352.35 - Eligibility for temporary housing assistance for homeless persons

    N.Y. Comp. Codes R. & Regs. tit. 18 § 352.35   Cited 19 times

    (a) Scope. This regulation governs the provision of temporary housing assistance to persons who are homeless. It sets forth the requirements with which an individual or family who applies for temporary housing must comply in order to be eligible for temporary housing assistance. (b) Definitions. (1) Assessment is the evaluation of an individual's or family's housing and housing-related public assistance and care needs including, but not limited to, the availability of housing, the need for temporary

  12. Section 352.38 - Security measures in shelters for the homeless

    N.Y. Comp. Codes R. & Regs. tit. 18 § 352.38   Cited 2 times

    (a) On an annual basis, the operator of each emergency shelter that is not operating pursuant to an operational plan approved by the Office of Temporary and Disability Assistance (the office) as required by section 491.3 or 900.3 of this Title, and each emergency shelter that has not been issued an operating certificate pursuant to either section 491.4 or 900.4 of this Title shall submit to the office and the social services district in which the emergency shelter is located a plan for the emergency