5 Cited authorities

  1. Matter of Field Delivery Serv

    66 N.Y.2d 516 (N.Y. 1985)   Cited 378 times
    Stating that agency decision "which neither adheres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious"
  2. Bonacorsa v. Van Lindt

    71 N.Y.2d 605 (N.Y. 1988)   Cited 66 times
    In Bonacorsa, the petitioner in an Article 78 proceeding had been a licensed owner-trainer-driver of harness race horses.
  3. AL TURI LANDFILL v. N.Y.S. DEPT. ENVIR. CONS

    289 A.D.2d 231 (N.Y. App. Div. 2001)   Cited 16 times

    Nos. 2000-01609 2000-01834 Argued March 15, 2001. December 10, 2001. In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Environmental Conservation dated April 15, 1999, which, after a hearing, denied the petitioner's application for an expansion permit for its landfill located in the Town of Goshen, the appeal is from a judgment of the Supreme Court, Orange County (Leavitt, J.), dated February 1, 2000, which denied the petition

  4. Al Turi Landfill, Inc. v. New York State Department of Environmental Conservation

    98 N.Y.2d 758 (N.Y. 2002)   Cited 13 times

    No. 129 October 24, 2002. APPEAL from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department, entered December 3, 2001, in a proceeding pursuant to CPLR article 78 which, with two Justices dissenting, (1) dismissed petitioner's appeal from a judgment of the Supreme Court, entered in Orange County (Peter M. Leavitt, J.; op 183 Misc.2d 787), denying the petition in part and otherwise transferring the matter to the Appellate Division, (2) vacated that judgment, (3)

  5. Matter Marra v. White Plains

    96 A.D.2d 17 (N.Y. App. Div. 1983)   Cited 21 times

    October 24, 1983 Appeal from the Supreme Court, Westchester County, RICHARD J. DARONCO, J. Eileen West for appellant. Charles A. Bradley, Corporation Counsel ( Joseph W. Hennebury and James W. Glatthaar of counsel; Timothy Kelleher on the brief), for respondents. RUBIN, J. Article 23-A of the Correction Law was enacted to prevent unfair discrimination in the licensure and employment of persons previously convicted of crimes (see Matter of Schmidt Sons v New York State Liq. Auth., 52 N.Y.2d 751; Matter