§Why CasetextPricing

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

Brief

57 Cited authorities

  1. Freightliner Corp. v. Myrick

    514 U.S. 280 (1995)   Cited 626 times   6 Legal Analyses
    Holding that a suspended Safety Act standard regarding tractor-trailer air brakes did not preempt common law tort actions

  2. New York State Club Assn. v. New York City

    487 U.S. 1 (1988)   Cited 568 times   1 Legal Analyses
    Holding that "the second kind of facial challenge will not succeed unless the statute is `substantially' overbroad, which requires the court to find `a realistic danger that the statute itself will significantly compromise recognized First Amendment protections of parties not before the Court'" (quoting Members of the City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 801, 104 S.Ct. 2118, 2126, 80 L.Ed.2d 772 (1984))

  3. Leader v. Maroney

    97 N.Y.2d 95 (N.Y. 2001)   Cited 772 times   2 Legal Analyses
    Holding that courts have discretion to decide whether to extend time to serve for good cause shown or in the interest of justice

  4. D'Amico v. Christie

    71 N.Y.2d 76 (N.Y. 1987)   Cited 467 times
    Holding that application of dram shop law "requires a commercial sale of alcohol"

  5. 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.

  6. 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

  7. Balbuena v. IDR Realty LLC

    2006 N.Y. Slip Op. 1248 (N.Y. 2006)   Cited 142 times   2 Legal Analyses
    Holding that "plaintiffs' status as aliens who are not legally authorized to work in the United States" did not preclude their recovery of lost earning in their suit to recover for injuries sustained as a result of defendants' purported violations of state Labor Law

  8. Albany Law Sch. v. New York State Office of Mental Retardation & Developmental Disabilities

    2012 N.Y. Slip Op. 3227 (N.Y. 2012)   Cited 104 times

    No. 65 04-26-2012 In the Matter of Albany Law School et al., Respondents-Appellants, v. New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents. Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights Network et al., amici curiae. GRAFFEO Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights

  9. Criscione v. City of New York

    97 N.Y.2d 152 (N.Y. 2001)   Cited 123 times
    In Criscione, a police officer was involved in a car accident while responding to a dispatch call to investigate a family dispute.

  10. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

  11. Section 8.2 - Executive order no. 2: review, continuation and expiration of prior executive orders

    N.Y. Comp. Codes R. & Regs. tit. 9 § 8.2   Cited 5 times

    WHEREAS, an initial review has been completed of those Executive Orders and amendments thereto that are in effect as of this date; WHEREAS, during the course of that review, it has been determined that certain Executive Orders are unnecessary,outdated, or otherwise should not be continued; WHEREAS, it also has been determined that other Executive Orders address ongoing issues and should be continued; and WHEREAS, it is important to identify for the public those Executive Orders that remain in effect

  12. Section 550.3 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 6 § 550.3   Cited 5 times

    Unless the context otherwise requires, the words defined below shall have the following meaning when used in the rules, regulations, orders or amendments thereof of the Department of Environmental Conservation relative to the natural resources of oil and gas: (a) Administrative basis shall mean an action taken by the department without first holding public hearing relative thereto. (b) Barrel shall mean 42 U.S. gallons. (c) Blow-out shall mean an uncontrolled, sudden or violent escape of oil or gas

  13. Section 7.41 - Executive order. no. 41: requiring further environmental review of high-volume hydraulic fracturing in the marcellus shale

    N.Y. Comp. Codes R. & Regs. tit. 9 § 7.41   Cited 5 times

    WHEREAS, the 2009 New York State Energy Plan supports the development of in-State energy resources, including natural gas, to achieve the Plan's multiple public policy objectives; and WHEREAS, low-volume hydraulic fracturing, or conventional fracking, has been used successfully and safely in New York State for many years to extract natural gas consistent with the Generic Environmental Impact Statement (GEIS) for Oil, Gas and Solution Mining Regulatory Program promulgated by the New York State Department

  14. 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

  15. Section 550.6 - Offenses and penalties

    N.Y. Comp. Codes R. & Regs. tit. 6 § 550.6

    Violations, evasions, falsifications, omissions, destructions, alterations, mutilations, and such other offenses as may be proved in connection with the rules, regulations, orders or amendments thereof of the department shall be punishable by fine and/or imprisonment as well as being subject to such civil penalties as are provided by law. N.Y. Comp. Codes R. & Regs. Tit. 6 § 550.6

  16. Section 554.7 - Completion reports, well logs and samples

    N.Y. Comp. Codes R. & Regs. tit. 6 § 554.7

    (a) Within 30 days after the completion of any well, a completion report utilizing form OG10 shall be filed in triplicate by the owner or operator with the department summarizing thereon the completion details. (b) Each copy of the completion report on form OG10 also shall be accompanied by a well log and such other information as the department may specifically require. The measurement datum for the well log and all other measurements in connection with the well shall be clearly specified. The well

  17. 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