23 Cited authorities

Harris v. McRae
448 U.S. 297 (1980) Cited 1,419 times 1 Legal Analyses
Holding that the Hyde Amendment does not violate the First Amendment
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.
Klostermann v. Cuomo
61 N.Y.2d 525 (N.Y. 1984) Cited 409 times
In Klostermann, the public agencies involved were in repeated noncompliance with the command of Mental Hygiene Law § 29.15 (g), which required preparation of a written service plan, with prescribed contents, for every person discharged from state psychiatric hospitals.
New York Health and Hosp. Corp. v. McBarnette
84 N.Y.2d 194 (N.Y. 1994) Cited 198 times
In NYCHHC v. McBarnette, 84 N.Y.2d 194, 616 N.Y.S.2d 1, 639 N.E.2d 740 (1994), the Court of Appeal clarified that the holding in Jones "concerns itself only with the inefficiency of using the class action form when the prospective rights of interested litigants can be safeguarded by other means".
Sanders v. Winship
57 N.Y.2d 391 (N.Y. 1982) Cited 191 times
Holding that all parts of the statute should be harmonized and given its full effect and meaning if possible
Nostrom v. A.W. Chesterton Co.
2010 N.Y. Slip Op. 8385 (N.Y. 2010) Cited 66 times
Holding that "owners and contractors may be vicariously liable based on violations of part 23 regulations."
Majewski v. Broadalbin-Perth Central School District
(N.Y. May. 12, 1998) Cited 75 times
In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."
James Square Assocs. LP v. Mullen
2013 N.Y. Slip Op. 3935 (N.Y. 2013) Cited 41 times 2 Legal Analyses
In James Sq., the Court concluded that a retroactive period of 16 months “should be considered excessive and weighs against the State” (21 N.Y.3d at 249, 970 N.Y.S.2d 888, 993 N.E.2d 374).
In re Dutchess County Dept. of Social Ser., v. Day
96 N.Y.2d 149 (N.Y. 2001) Cited 62 times
Decided May 3, 2001. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 28, 2000, which affirmed an order of the Family Court, Dutchess County (Damian J. Amodeo, J.), denying objections to two orders of that Family Court (Esther R. Furman, H.E.) that directed respondents to pay a total of $4,375 as reimbursement to petitioner for money it expended on behalf of respondents' minor child while
Lorillard Tobacco Co. v. Roth
99 N.Y.2d 316 (N.Y. 2003) Cited 53 times
Noting that the CMSA "establishes a presumption that sales below cost are made with the proscribed intent"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,423 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,758 times 43 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 7803 - Questions raised
N.Y. CPLR 7803 Cited 4,922 times
Listing the “only questions” that may be raised in an Article 78 proceeding
Section 363-A - Federal aid; state plan
N.Y. Soc. Serv. Law § 363-A Cited 69 times
Designating Department of Health as agency responsible for supervising the administration of Medicaid in New York
Section 42 - Definitions
N.Y. Soc. Serv. Law § 42 Cited 1 times
As used in this article, the following terms shall have the following meanings unless the context clearly requires otherwise: 1. "Homeless project" shall mean a specific facility, including lands, buildings and improvements acquired, constructed, renovated or rehabilitated and operated by a not-for-profit corporation, charitable organization, wholly owned subsidiary of a not-for-profit corporation or of a charitable organization, public corporation or a municipality to increase the availability of
Section 447.253 - Other requirements
42 C.F.R. § 447.253 Cited 125 times
Requiring such findings and assurances
Section 86-2.14 - Revisions in certified rates
N.Y. Comp. Codes R. & Regs. tit. 10 § 86-2.14 Cited 54 times
Prescribing administrative hearing as a second level appeal if requested within thirty days after denial of first appeal

In the Matter of Woodside Manor Nursing Home, et al., Appellants,v.Nirav R. Shah, M.D.,, et al., Respondents.

23 Cited authorities

Holding that the Hyde Amendment does not violate the First Amendment

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.

In Klostermann, the public agencies involved were in repeated noncompliance with the command of Mental Hygiene Law § 29.15 (g), which required preparation of a written service plan, with prescribed contents, for every person discharged from state psychiatric hospitals.

In NYCHHC v. McBarnette, 84 N.Y.2d 194, 616 N.Y.S.2d 1, 639 N.E.2d 740 (1994), the Court of Appeal clarified that the holding in Jones "concerns itself only with the inefficiency of using the class action form when the prospective rights of interested litigants can be safeguarded by other means".

Holding that all parts of the statute should be harmonized and given its full effect and meaning if possible

Holding that "owners and contractors may be vicariously liable based on violations of part 23 regulations."

In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."

In James Sq., the Court concluded that a retroactive period of 16 months “should be considered excessive and weighs against the State” (21 N.Y.3d at 249, 970 N.Y.S.2d 888, 993 N.E.2d 374).

Noting that the CMSA "establishes a presumption that sales below cost are made with the proscribed intent"

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Listing the “only questions” that may be raised in an Article 78 proceeding

Designating Department of Health as agency responsible for supervising the administration of Medicaid in New York

Requiring such findings and assurances

Prescribing administrative hearing as a second level appeal if requested within thirty days after denial of first appeal