34 Cited authorities

Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,716 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Langnes v. Green
282 U.S. 531 (1931) Cited 659 times
Holding that when a single claim is asserted against a ship owner, admiralty jurisdiction gives way to common law remedies
Matter of Brusco v. Braun
84 N.Y.2d 674 (N.Y. 1994) Cited 279 times
In Brusco, for example, the Article 78 proceeding sought to compel the issuance of a judgment to which the Petitioner was entitled by law.
Boreali v. Axelrod
71 N.Y.2d 1 (N.Y. 1987) Cited 243 times 3 Legal Analyses
Finding proper balance between health concerns and cost "is a uniquely legislative function"
People v. Letterlough
86 N.Y.2d 259 (N.Y. 1995) Cited 81 times
In Letterlough, this Court recognized that the overriding purpose of imposing a sentence of probation under Penal Law § 65.10 is to rehabilitate the offender (86 N.Y.2d 259, 631 N.Y.S.2d 105, 655 N.E.2d 146 [1995]).
People v. Prescott
95 N.Y.2d 655 (N.Y. 2001) Cited 67 times
In People v. Prescott, (95 N.Y.2d 655 [2001]), the Court of Appeals rejected the argument that section 110 of the penal law could be applied to sections 1192 (driving while intoxicated) and 511 (aggravated unlicensed operation of a motor vehicle).
Matter of Nicholas v. Kahn
47 N.Y.2d 24 (N.Y. 1979) Cited 122 times
In Nicholas the Public Service Commission adopted rules prohibiting various employees, and their children and spouses, from owning any interest in certain business concerns whose performance was related to companies regulated by the Commission.
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
People v. Cooper
78 N.Y.2d 476 (N.Y. 1991) Cited 81 times
In People v Cooper (78 NY2d 476, 483), the Court of Appeals extended the reach of CPL 200.60 to cover those situations where the enhancing element of the higher grade offense is not the prior conviction itself, but rather conviction-related facts.
People v. Litto
2007 N.Y. Slip Op. 5582 (N.Y. 2007) Cited 48 times
Noting that "a prosecutor must show impairment by alcohol to prove a violation of subdivision 1 — resulting in a traffic infraction," and that "[s]ubdivision 1 is a lesser-included offense of subdivisions 2 and 3"
Section 136.5 - Special rules for applicants with multiple alcohol - or drug-related driving convictions or incidents and for applicants with an alcohol-related conviction related to a fatal accident
N.Y. Comp. Codes R. & Regs. tit. 15 § 136.5 Cited 82 times
(a) For the purposes of this section: (1) "Alcohol- or drug-related driving conviction or incident" means any of the following, not arising out of the same incident: (i) a conviction of a violation of section 1192 of the Vehicle and Traffic Law or an out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs; (ii) a finding of a violation of section 1192-a of the Vehicle and Traffic Law or a finding of a refusal to submit to a chemical test under section 1194-a
Section 131.3 - Point values
N.Y. Comp. Codes R. & Regs. tit. 15 § 131.3 Cited 15 times
(a) All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in subdivision (b) of this section. (b) (1) The following violations shall be assigned a point value of 11 points: (i) any violation involving speeding more than 40 miles per hour over the speed limit. (2) The following violations shall be assigned a point value of eight points: (i) any violation involving speeding more than 30 but not more than 40 miles per hour over the speed limit. (3) The
Section 132.1 - Definitions
N.Y. Comp. Codes R. & Regs. tit. 15 § 132.1 Cited 11 times
(a) Alcohol- or drug-related driving conviction or incident means any of the following, not arising out of the same incident: (1) a conviction of a violation of section 1192 of the Vehicle and Traffic Law; (2) a finding of a violation of section 1192-a of the Vehicle and Traffic Law; provided, however, that no such finding shall be considered after the expiration of the retention period contained in paragraph (k) of subdivision 1 of section 201 of the Vehicle and Traffic Law; (3) a conviction of
Section 136.10 - Application for relicensing
N.Y. Comp. Codes R. & Regs. tit. 15 § 136.10 Cited 8 times
(a) Application by the holder of a post-revocation conditional license. Upon the termination of the period of probation set by the court, the holder of a post-revocation conditional license may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle. An application for licensure may be approved if the applicant demonstrates that he or she: (1) has a valid post-revocation conditional license; and (2) has demonstrated evidence of rehabilitation as required by
Section 134.7 - Criteria for issuance of a conditional license
N.Y. Comp. Codes R. & Regs. tit. 15 § 134.7 Cited 1 times
(a) The issuance of a conditional license shall be denied to any person who enrolls in a program if a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply. (1) The person has been convicted of homicide, assault, criminal negligence or criminally negligent homicide arising out of operation of a motor vehicle. (2) The conviction, adjudication or finding upon which eligibility for a rehabilitation program is
Section 500.13 - Content and form of briefs in normal course appeals
N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13
(a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review

In the Matter of Michael W. Carney, Appellant,v.New York State Department of Motor Vehicles, et al., Respondents.

34 Cited authorities

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that when a single claim is asserted against a ship owner, admiralty jurisdiction gives way to common law remedies

In Brusco, for example, the Article 78 proceeding sought to compel the issuance of a judgment to which the Petitioner was entitled by law.

Finding proper balance between health concerns and cost "is a uniquely legislative function"

In Letterlough, this Court recognized that the overriding purpose of imposing a sentence of probation under Penal Law § 65.10 is to rehabilitate the offender (86 N.Y.2d 259, 631 N.Y.S.2d 105, 655 N.E.2d 146 [1995]).

In People v. Prescott, (95 N.Y.2d 655 [2001]), the Court of Appeals rejected the argument that section 110 of the penal law could be applied to sections 1192 (driving while intoxicated) and 511 (aggravated unlicensed operation of a motor vehicle).

In Nicholas the Public Service Commission adopted rules prohibiting various employees, and their children and spouses, from owning any interest in certain business concerns whose performance was related to companies regulated by the Commission.

In People v Cooper (78 NY2d 476, 483), the Court of Appeals extended the reach of CPL 200.60 to cover those situations where the enhancing element of the higher grade offense is not the prior conviction itself, but rather conviction-related facts.

Noting that "a prosecutor must show impairment by alcohol to prove a violation of subdivision 1 — resulting in a traffic infraction," and that "[s]ubdivision 1 is a lesser-included offense of subdivisions 2 and 3"