18 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,041 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  2. Levandusky v. One Fifth Avenue Apartment Corp.

    75 N.Y.2d 530 (N.Y. 1990)   Cited 532 times   2 Legal Analyses
    Finding that "[s]o long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith, courts will not substitute their judgment for the board's
  3. In Matter of Ridge Road Fire Dist. v. Schiano

    2011 N.Y. Slip Op. 2720 (N.Y. 2011)   Cited 60 times

    No. 55. Argued February 16, 2011. Decided April 5, 2011 APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered November 13, 2009. The Appellate Division (1) reversed, on the law, a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered in a proceeding pursuant to CPLR article 78, which had (a) granted the petition seeking to annul the determination of respondent Michael

  4. Matter of Sutka v. Conners

    73 N.Y.2d 395 (N.Y. 1989)   Cited 100 times
    Stating that courts are bound to give effect to the intent of the legislature as expressed, first, in the text of the statute and, second, in the "such facts . . . as may . . . legitimately reveal [legislators' intent]"
  5. Matter of Diocese of Rochester v. Plan. Bd.

    1 N.Y.2d 508 (N.Y. 1956)   Cited 238 times
    In Matter of Diocese of Rochester v. Planning Bd. (1 N.Y.2d 508, 524-525), the Court of Appeals, citing both N.Y. Constitution, article XVI, § 1 and Tax Law former § 4 (6) (which is the predecessor to RPTL 420-a), held that a municipal corporation cannot deny a building permit to a tax exempt religious institution on the basis of the municipality's loss of potential tax revenue (see, Jewish Reconstructionist Synagogue v Incorporated Vil. of Roslyn Harbor, 38 N.Y.2d 283, 287, cert denied 426 U.S. 950; Walz v. Tax Commn., 24 N.Y.2d 30, affd 397 U.S. 664).
  6. Jones v. Beame

    45 N.Y.2d 402 (N.Y. 1978)   Cited 118 times
    In Bowen (supra) the plaintiffs, the City of Long Beach and its City Manager, were concerned with the premature placement in private homes and hotels of mental patients discharged into the community.
  7. Dolan v. Dolan

    583 N.E.2d 908 (N.Y. 1991)   Cited 54 times
    Holding that disability pension was marital property only to the extent it compensated for length of service of employment and represented deferred compensation
  8. County of Monroe v. Kaladjian

    630 N.E.2d 638 (N.Y. 1994)   Cited 44 times

    Argued January 5, 1994 Decided February 15, 1994 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Richard D. Rosenbloom, J. G. Oliver Koppell, Attorney-General Albany (Patrick Barnett-Mulligan, Jerry Boone and Peter H. Schiff of counsel), for appellants. Charles S. Turner, County Attorney of Monroe County, Rochester (John P. Costello of counsel), for respondent. SMITH, J. The issue in this case is whether the Department of Health's (DOH) decision to deny

  9. Berardi v. Berardi

    54 A.D.3d 982 (N.Y. App. Div. 2008)   Cited 17 times
    In Berardi, this Court interpreted a stipulation of settlement of a divorce action which contained similarly broad language as that contained in the instant stipulation. It provided for equal distribution of the husband's “pension” and “disability payment,” without differentiating between the separate-property portion of any disability pension, and the portion representing deferred compensation.
  10. Matter of Cook v. City of Utica

    88 N.Y.2d 833 (N.Y. 1996)   Cited 17 times

    Argued March 28, 1996 Decided April 30, 1996 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department. Roemer, Wallens Mineaux, L.L.P., Albany (James W. Roemer of counsel), and Joseph H. Hobika, Corporation Counsel of City of Utica, Utica (Charles N. Brown of counsel), for appellants. Ainsworth, Sullivan, Tracy, Knauf, Warner Ruslander, P.C., Albany (Mary Beth Hynes of counsel), for respondent. Donna M.C. Gilberto, Albany, for New York State Conference of Mayors and