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In the Matter of Tayinha Banos, Respondent,v.John Rhea, et al., Appellants, et al., Respondent.

Brief

31 Cited authorities

  1. Zumpano v. Quinn

    2006 N.Y. Slip Op. 1245 (N.Y. 2006)   Cited 414 times   2 Legal Analyses
    Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"

  2. In re Best Payphones v. Dept. of Info. Tech.

    5 N.Y.3d 30 (N.Y. 2005)   Cited 244 times   1 Legal Analyses
    Recognizing a policy reason for abbreviated time frames applicable to CPLR article 78 proceedings that "the operation of government agencies should not be unnecessarily clouded by potential litigation"

  3. Solnick v. Whalen

    49 N.Y.2d 224 (N.Y. 1980)   Cited 408 times
    Holding that the plaintiffs could challenge the downward revision of their Medicaid reimbursement rates in “a proceeding instituted pursuant to CPLR article 78 to review the determination made by the State agency.”

  4. Nassau Insurance Company v. Murray

    46 N.Y.2d 828 (N.Y. 1978)   Cited 327 times
    Applying New York law

  5. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  6. New York Health and Hosp. Corp. v. McBarnette

    84 N.Y.2d 194 (N.Y. 1994)   Cited 198 times
    In NYCHHC v. McBarnette, 84 N.Y.2d 194, 616 N.Y.S.2d 1, 639 N.E.2d 740 (1994), the Court of Appeal clarified that the holding in Jones "concerns itself only with the inefficiency of using the class action form when the prospective rights of interested litigants can be safeguarded by other means".

  7. John v. Portville Central Sch. Dist

    2009 N.Y. Slip Op. 2645 (N.Y. 2009)   Cited 74 times
    Instructing courts to read contracts as a whole and not place “undue emphasis” upon particular words or phrases

  8. Matter of ISCA Enters. v. City of New York

    77 N.Y.2d 688 (N.Y. 1991)   Cited 61 times
    In Campbell v. City of New York (77 N.Y.2d 688, 699, cert denied sub nom. ISCA Enters. v. City of New York, 503 U.S. 906), the Court of Appeals held, in a similar context, that "a challenge to the constitutionality of a notice provision, where the party had no timely notice, is not barred by the Statute of Limitations".

  9. Matter of Rodriguez v. Wing

    251 A.D.2d 335 (N.Y. App. Div. 1998)   Cited 45 times

    June 1, 1998 Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements. Contrary to the petitioner's contention, the instant proceeding was properly transferred to this Court pursuant to CPLR 7804 (g) because there is a question raised as to whether the respondents' determination, "made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence"

  10. Northern v. Hernandez

    17 A.D.3d 285 (N.Y. App. Div. 2005)   Cited 34 times

    5959. April 28, 2005. Order, Supreme Court, New York County (Marilyn Shafer, J.), entered January 7, 2004, which, to the extent appealed from as limited by the brief, held in abeyance respondents' cross motion to dismiss this proceeding, unanimously affirmed, without costs. Ricardo Elias Morales, New York (A. Joaquin Yordan of counsel), for appellants. Legal Services for the City of New York, LSNY-Bronx (Katherine Tracey of counsel), for respondent. Before: Buckley, P.J., Sullivan, Ellerin, Williams

  11. Section 982.551 - Obligations of participant

    24 C.F.R. § 982.551   Cited 216 times
    Requiring tenant to submit "true and complete" income information as requested by the public housing agency

  12. Section 982.305 - PHA approval of assisted tenancy

    24 C.F.R. § 982.305   Cited 46 times
    Stating that before the lease term commences "[t]he landlord and the tenant [must] have executed the lease (including the HUD-prescribed tenancy addendum[.]")

  13. Section 982.451 - Housing assistance payments contract

    24 C.F.R. § 982.451   Cited 44 times
    Providing that housing authority that fails to make timely payment to landlord is subject to late fees in accordance with state or local law

  14. Section 982.308 - Lease and tenancy

    24 C.F.R. § 982.308   Cited 37 times
    Describing lease requirements

  15. Section 982.151 - Annual contributions contract

    24 C.F.R. § 982.151   Cited 15 times

    (a)Nature of ACC. (1) An annual contributions contract (ACC) is a written contract between HUD and a PHA. Under the ACC, HUD agrees to make payments to the PHA, over a specified term, for housing assistance payments to owners and for the PHA administrative fee. The ACC specifies the maximum payment over the ACC term. The PHA agrees to administer the program in accordance with HUD regulations and requirements. (2) HUD's commitment to make payments for each funding increment in the PHA program constitutes