15 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,128 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  2. DaimlerChrysler v. Spitzer

    7 N.Y.3d 653 (N.Y. 2006)   Cited 162 times
    In Spitzer, James Warner bought a new truck manufactured by General Motors Corporation in March 2003. Shortly after acquiring the truck, Warner discovered a transmission problem and attempted to have the problem fixed on five occasions between April and November 2003.
  3. Matter of Jones v. Berman

    37 N.Y.2d 42 (N.Y. 1975)   Cited 281 times
    In Matter of Jones v Berman (37 NY2d 42, 52-53), the Court held that although the Social Services Commissioner may have promulgated a regulation in order to prevent fraud, the regulation imposed a requirement that was not found in the statute.
  4. Columbus Apts., Inc. v. New York State Div. of Hous. & Community Renewal

    5 N.Y.3d 303 (N.Y. 2005)   Cited 85 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

  5. Glenbriar Co v. Lipsman

    2005 N.Y. Slip Op. 7730 (N.Y. 2005)   Cited 62 times

    138. Argued September 14, 2005. Decided October 20, 2005. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered October 21, 2004. The Appellate Division affirmed an order of the Appellate Term of the Supreme Court in the First Judicial Department (op 2002 NY Slip Op 50225[U]), which had (1) reversed a judgment of the Civil Court of the City of New York, Bronx County (Brenda S. Spears, J.), awarding possession to

  6. Katz Park Ave. v. Jagger

    2008 N.Y. Slip Op. 7987 (N.Y. 2008)   Cited 37 times
    In Jagger, the Court found that because the tenant's B-2 visa required her to maintain a principal domicile outside the United States, she could not claim for succession purposes that the subject apartment was her primary residence during the relevant window period.
  7. Ansonia Assocs. Ltd. P'ship v. Unwin

    130 A.D.3d 453 (N.Y. App. Div. 2015)   Cited 19 times
    In Ansonia Associates Ltd. Partnership v. Unwin, 130 AD3d 453, 13 NYS3d 67 [1 Dept., 2015] the court held an apartment claimed to be the residence of a tenant could not be such residence since the tenant asserted on her income tax statements that such apartment was not her residence.
  8. Mayfield v. Evans

    93 A.D.3d 98 (N.Y. App. Div. 2012)   Cited 13 times
    Finding a New York State Division of Parole regulation to conflict with a statute and remanding case to the Board of Parole so that petitioner could receive a new hearing consistent with due process
  9. Weiss v. City of New York

    95 N.Y.2d 1 (N.Y. 2000)   Cited 25 times
    Describing "except" as "conditional language"
  10. Classic Realty LLC v. New York State Division of Housing

    2 N.Y.3d 142 (N.Y. 2004)   Cited 20 times

    No. 32. Argued February 12, 2004. Decided March 30, 2004. APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 7, 2003. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, New York County (Eileen Bransten, J.), entered in a proceeding pursuant to CPLR article 78, which had denied the petition to annul respondent's determination denying petitioner's application for a high-income deregulation

  11. Section 6013 - Joint returns of income tax by husband and wife

    26 U.S.C. § 6013   Cited 350 times   5 Legal Analyses
    Granting married couples the ability to file income taxes jointly
  12. Section 2520.6 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.6   Cited 164 times

    (a) Housing accommodation. That part of any building or structure, occupied or intended to be occupied by one or more individuals as a residence, home, dwelling unit or apartment, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof. The term housing accommodation will also apply to any plot or parcel of land which had been regulated pursuant to the City of Rent Law prior to July 1, 1971, and which became subject to the RSL after June