§Why CasetextPricing

Cooperstown Holstein Corporation, Appellant,v.Town of Middlefield, Respondent.

Brief

25 Cited authorities

  1. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,704 times
    Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"

  2. Gernatt Asphalt v. Sardinia

    87 N.Y.2d 668 (N.Y. 1996)   Cited 266 times   4 Legal Analyses
    In Gernatt —decided after the legislature had codified Frew Run's holding in an amendment to the MLRL's supersession clause—the Town of Sardinia amended its zoning ordinance to eliminate all mining as a permitted use throughout the town.

  3. People v. Finnegan

    85 N.Y.2d 53 (N.Y. 1995)   Cited 241 times
    In Finnegan, the Court of Appeals refused to read into another section of the VTL a requirement that the police affirmatively take certain steps, reasoning that because the Legislature did not impose such an obligation, the courts should not do so in the Legislature's place. Finnegan, 647 N.E.2d at 760-761.

  4. Patrolmen's Benevolent Ass'n v. City of New York

    41 N.Y.2d 205 (N.Y. 1976)   Cited 408 times

    Argued October 12, 1976 Decided December 22, 1976 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J. W. Bernard Richland, Corporation Counsel (James G. Greilsheimer and L. Kevin Sheridan of counsel), New York City, for appellant. Frederick R. Livingston, Jay W. Waks and William C. Zifchak, New York City, for respondent. Louis J. Lefkowitz, Attorney-General (George D. Zuckerman and Samuel A. Hirshowitz of counsel), New York City, for intervenor

  5. Commonwealth of the N. Mariana Islands v. Canadian Imperial Bank of Commerce

    2013 N.Y. Slip Op. 3018 (N.Y. 2013)   Cited 117 times   2 Legal Analyses
    Holding that the phrase “possession or custody” in § 5225(b) requires actual, and not merely constructive, possession

  6. Matter of Jacob

    86 N.Y.2d 651 (N.Y. 1995)   Cited 138 times
    Holding that “the unmarried partner of a child's biological [parent], whether heterosexual or homosexual, who is raising the child together with the biological parent, can become the child's second parent by means of adoption.”

  7. Consolidated Edison Co. of New York, Inc. v. Town of Red Hook

    60 N.Y.2d 99 (N.Y. 1983)   Cited 177 times   1 Legal Analyses
    Holding state had preempted local regulation regarding the siting of major steam electric-generating plants

  8. Pajak v. Pajak

    56 N.Y.2d 394 (N.Y. 1982)   Cited 173 times
    In Pajak v. Pajak, 56 N.Y.2d 394, a matrimonial action, plaintiff husband commenced an action for divorce on cruel and inhumane treatment grounds.

  9. 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."

  10. Alonzo M. v. Probation Dept

    72 N.Y.2d 662 (N.Y. 1988)   Cited 84 times
    Expressing concern that courts' inherent authority over their own records would be "dubious authority (upon which) to override so clear a legislative policy" set forth in a sealing statute

  11. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. CPLR 5225   Cited 828 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  12. Section 23-0101 - Definitions

    N.Y. Envtl. Conserv. Law § 23-0101   Cited 2 times

    As used in this article, unless the context otherwise requires: 1. "Buffer zone" means all that area outside and surrounding the underground gas storage reservoir which the department approves as appropriate to protect the integrity of the reservoir, no part of which shall be more than thirty-five hundred linear feet from the boundary thereof. 2. "Cavity" means an open or partially open space left after a salt has been solution mined. 3. "Commissioner" means the commissioner of environmental conservation

  13. Section 553.1 - Statewide spacing

    N.Y. Comp. Codes R. & Regs. tit. 6 § 553.1   Cited 3 times

    (a) Except as provided in subdivisions (b) and (c) of this section and absent a department order establishing spacing units, a well drilled, deepened, plugged back, or converted for the production of oil and gas cannot be located less than 660 feet from any boundary line of the lease, integrated leases or unit and cannot be closer than 1,320 feet from any other oil and gas well in the same pool. (b) Absent a department order establishing spacing units, a well which is on a lease, integrated leases

  14. Section 553.3 - Spacing units

    N.Y. Comp. Codes R. & Regs. tit. 6 § 553.3

    (a) To promote effective development, use, or conservation of the natural resources of oil and gas, an order establishing well spacing may be promulgated by the department. (b) Prior to promulgation of any spacing order, a public hearing on the matter will be conducted by the department acting either on its own motion or upon receipt of an application therefor from any interested owner or operator. (c) Any application for a spacing order shall be made in writing and should include any information

  15. Section 553.2 - Surface restrictions

    N.Y. Comp. Codes R. & Regs. tit. 6 § 553.2

    No well shall be located nearer than 100 feet from any inhabited private dwelling house without written consent of the owner; nearer than 150 feet from any public building or area which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic or occupancy by the public; nearer than 75 feet to the traveled part of any State, county, township, or municipal road or any public street, road or highway; or nearer than 50 feet from any public

  16. Section 553.4 - Exceptions

    N.Y. Comp. Codes R. & Regs. tit. 6 § 553.4

    Where in its opinion there exists good and sufficient reason to permit an exception to the well spacing provisions of sections 553.1, 553.2 and 553.3 of this Part, the department may permit reasonable well location exceptions which will protect correlative rights and prevent waste. Any application for such an exception shall be made in writing in triplicate as a separate attachment to the application for permit as outlined in section 552.1 of this Title and shall set forth in ample detail the reason