39 Cited authorities

  1. Watergate v. Buffalo Sewer

    46 N.Y.2d 52 (N.Y. 1978)   Cited 611 times
    Recognizing that "[w]here only an approximation of cost or value is possible, discrepancies may have to be endured in the name of administrative flexibility so long as there exists some rational underpinning on the charges levied"
  2. Toys "R" Us v. Silva

    89 N.Y.2d 411 (N.Y. 1996)   Cited 240 times
    Stating that, generally, abandonment requires an intent to relinquish and some overt act or failure to act, but that "the inclusion of a lapse period in the zoning provision removes the requirement of intent to abandon - discontinuance of nonconforming activity for the specified period constitutes an abandonment regardless of intent"
  3. Parkview Assocs v. City of New York

    71 N.Y.2d 274 (N.Y. 1988)   Cited 280 times
    Holding that "`[e]stoppel is not available against a local government unit for the purpose of ratifying an administrative error,'" and such an administrative error does not confer rights contrary to the zoning laws
  4. Town of Orangetown v. Magee

    88 N.Y.2d 41 (N.Y. 1996)   Cited 160 times   1 Legal Analyses
    Holding that a "Building Inspector . . . implement[ed] Town Policy" where the zoning code "vest[ed] the Building Inspector, alone, with the authority to revoke building permits"
  5. Church of St. Paul v. Barwick

    67 N.Y.2d 510 (N.Y. 1986)   Cited 211 times
    Holding that decision was not final “until plaintiff has sought and the Commission has granted or denied a certificate of appropriateness or other approval ....”
  6. Tall Trees Construction Corp. v. Zoning Board of Appeals

    761 N.E.2d 565 (N.Y. 2001)   Cited 134 times   1 Legal Analyses
    In Tall Trees Construction Corp., though, the court held that because the Board did not have to make any findings of fact, the court's appellate review was not limited to such findings when deciding whether the procedural dismissal was arbitrary or capricious. Tall Trees Construction Corp., 761 N.E.2d at 570.
  7. Amorosi v. South Colonie Independent Central School District

    2007 N.Y. Slip Op. 9904 (N.Y. 2007)   Cited 93 times
    Holding that "the one-year limitation prescribed in Education Law § 3813(2-b) should govern discrimination claims against a school district"
  8. E.F.S. Ventures v. Foster

    71 N.Y.2d 359 (N.Y. 1988)   Cited 136 times
    In Matter of E.F.S. Ventures Corp. v Foster (71 N.Y.2d 359), we recognized that the exercise of site plan approval powers requires "[a] large measure of discretion" (id., at 370).
  9. State v. John S.

    2014 N.Y. Slip Op. 3292 (N.Y. 2014)   Cited 62 times
    In Matter of State of New York v. John S., 23 N.Y.3d 326, 991 N.Y.S.2d 532, 15 N.E.3d 287, the Court of Appeals held that Mental Hygiene Law § 10.08(c) superseded the sealing procedures set forth in CPL 160.50, so as to permit disclosure of such sealed records.
  10. Columbus Apts., Inc. v. New York State Div. of Hous. & Community Renewal

    5 N.Y.3d 303 (N.Y. 2005)   Cited 80 times

    96. Argued May 4, 2005. Decided June 14, 2005. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 26, 2004. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Sheila Abdus-Salaam, J.), which, in a proceeding pursuant to CPLR article 78, had denied the petition to review a determination of respondent New York State Division of Housing and Community