48 Cited authorities

Atkins v. Parker
472 U.S. 115 (1985) Cited 317 times
Holding food stamp benefits are property protected by the Due Process Clause
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"
Breed v. Ins. Co. of N. Amer
46 N.Y.2d 351 (N.Y. 1978) Cited 911 times 1 Legal Analyses
Holding that no ambiguity exists where language has "definite and precise meaning, unattended by danger of misconception in the purport of the policy itself, and concerning which there is no reasonable basis for a difference of opinion"
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"
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.”
Nassau Insurance Company v. Murray
46 N.Y.2d 828 (N.Y. 1978) Cited 327 times
Applying New York law
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
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".
Council of Teachers v. Boces
63 N.Y.2d 100 (N.Y. 1984) Cited 162 times
Decided September 20, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Bernard McCaffrey, J. Stanley A. Immerman for appellant. Seymour H. Kligler for Board of Cooperative Educational Services of Nassau County, respondent. MEYER, J. When the respondent in an article 78 proceeding challenges petitioner's standing only, it is error to dismiss the petition on the merits prior to service of respondent's answer. The mandate of CPLR 7804 (subd [f]) that, "If
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
Section 982.555 - Informal hearing for participant
24 C.F.R. § 982.555 Cited 220 times
Providing limited rights to prehearing discovery
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
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[.]")
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
Section 982.308 - Lease and tenancy
24 C.F.R. § 982.308 Cited 37 times
Describing lease requirements
Section 982.311 - When assistance is paid
24 C.F.R. § 982.311 Cited 29 times
Requiring a PHA to continue to make HAP payments "in accordance with the HAP contract" to an owner seeking to evict a tenant "until the owner has obtained a court judgment or other process allowing the owner to evict the tenant"
Section 982.455 - Automatic termination of HAP contract
24 C.F.R. § 982.455 Cited 9 times
The HAP contract terminates automatically 180 calendar days after the last housing assistance payment to the owner. 24 C.F.R. §982.455 64 FR 26647, May 14, 1999

In the Matter of Viola Dial, Respondent,v.John Rhea,, Appellant, 690 Gates, LP, Respondent.

48 Cited authorities

Holding food stamp benefits are property protected by the Due Process Clause

Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"

Holding that no ambiguity exists where language has "definite and precise meaning, unattended by danger of misconception in the purport of the policy itself, and concerning which there is no reasonable basis for a difference of opinion"

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"

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.”

Applying New York law

Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

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".

Instructing courts to read contracts as a whole and not place “undue emphasis” upon particular words or phrases

Providing limited rights to prehearing discovery

Requiring tenant to submit "true and complete" income information as requested by the public housing agency

Stating that before the lease term commences "[t]he landlord and the tenant [must] have executed the lease (including the HUD-prescribed tenancy addendum[.]")

Providing that housing authority that fails to make timely payment to landlord is subject to late fees in accordance with state or local law

Describing lease requirements

Requiring a PHA to continue to make HAP payments "in accordance with the HAP contract" to an owner seeking to evict a tenant "until the owner has obtained a court judgment or other process allowing the owner to evict the tenant"