Pell v. Board of Education
34 N.Y.2d 222 (N.Y. 1974) Cited 5,546 times 1 Legal AnalysesDiscussing the standard of review in an Article 78 appeal
Levandusky v. One Fifth Avenue Apartment Corp.
75 N.Y.2d 530 (N.Y. 1990) Cited 605 times 3 Legal AnalysesFinding 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
In Matter of Ridge Road Fire Dist. v. Schiano
2011 N.Y. Slip Op. 2720 (N.Y. 2011) Cited 69 timesNo. 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
Matter of Sutka v. Conners
73 N.Y.2d 395 (N.Y. 1989) Cited 105 timesStating 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]"
Matter of Diocese of Rochester v. Plan. Bd.
1 N.Y.2d 508 (N.Y. 1956) Cited 248 timesIn 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).
Jones v. Beame
45 N.Y.2d 402 (N.Y. 1978) Cited 123 timesAccepting plaintiffs' allegations of fact as true for purposes of deciding a motion to dismiss on justiciability grounds
Dolan v. Dolan
78 N.Y.2d 463 (N.Y. 1991) Cited 59 timesHolding that disability pension was marital property only to the extent it compensated for length of service of employment and represented deferred compensation
County of Monroe v. Kaladjian
83 N.Y.2d 185 (N.Y. 1994) Cited 45 timesArgued 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
Berardi v. Berardi
54 A.D.3d 982 (N.Y. App. Div. 2008) Cited 19 timesIn 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.
Matter of Cook v. City of Utica
88 N.Y.2d 833 (N.Y. 1996) Cited 17 timesArgued 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