40 Cited authorities

  1. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 19,240 times   5 Legal Analyses
    Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser
  2. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,554 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  3. Matter of Featherstone v. Franco

    95 N.Y.2d 550 (N.Y. 2000)   Cited 385 times
    Affirming rejection of Article 78 case
  4. Dollas v. W.R. Grace and Company

    225 A.D.2d 319 (N.Y. App. Div. 1996)   Cited 172 times   1 Legal Analyses
    Holding that it is the duty of the trier of fact to weigh the value of the presented evidence and resolve any outstanding conflicts between plaintiff's allegations and the documentary evidence
  5. Tedeschi v. Wagner College

    49 N.Y.2d 652 (N.Y. 1980)   Cited 188 times
    Holding that "when a university has adopted a rule or guideline establishing the procedure to be followed in relation to suspension or expulsion that procedure must be substantially observed"
  6. Simpson v. Hilfiger U.S.A

    48 A.D.3d 389 (N.Y. App. Div. 2008)   Cited 84 times
    In Simpson v Tommy Hilfiger U.S.A., Inc. (48 A.D.3d 389 [2d Dept 2008]), the Appellate Division reversed Supreme Court's denial of a motion to renew and reargue, where Supreme Court had held that an affidavit, now properly notarized, could have been submitted on the original motion.
  7. Hochhauser v. Electric Ins. Co.

    46 A.D.3d 174 (N.Y. App. Div. 2007)   Cited 59 times
    Holding that statements were inadmissible pursuant to New York's business records exception because "an insured lacks a business duty, as opposed to a contractual duty"
  8. Morisseau v. DLA Piper

    532 F. Supp. 2d 595 (S.D.N.Y. 2008)   Cited 58 times
    Granting summary judgment on Title VII claim where "the road that led to plaintiff's termination began before plaintiff" engaged in protected activity and plaintiff relied "entirely on the temporal proximity between" the protected activity and her termination to show pretext
  9. Walker v. New York

    46 A.D.3d 278 (N.Y. App. Div. 2007)   Cited 46 times

    No. 1539. December 6, 2007. Order, Supreme Court, Bronx County (Paul Victor, J.), entered October 20, 2006 (brought up for review pursuant to CPLR 5517 [b] by the appeal from an order, same court and Justice, entered February 7, 2006), which, upon reargument, granted plaintiff's motion to "restore the action," and denied defendants-appellants' cross motion to dismiss the complaint, upon the condition that plaintiffs guardian appear for a hearing pursuant to General Municipal Law § 50-h within 30

  10. In the Matter of Ebert v. Yeshiva University

    28 A.D.3d 315 (N.Y. App. Div. 2006)   Cited 26 times
    Upholding expulsion from private university where determination had been made pursuant to "informal processes and limitations" set forth in disciplinary rules
  11. Section 7801 - Nature of proceeding

    N.Y. CPLR 7801   Cited 1,042 times
    Permitting appeal of certain administrative determinations in New York State
  12. Section 7802 - Parties

    N.Y. CPLR 7802   Cited 284 times
    Proceeding against body or officer; parties