§Why CasetextPricing

Greater New York Taxi Association, et al., Appellants,v.New York City Taxi and Limousine Commission,, et al., Respondents, Nissan Taxi Marketing, N.A., LLC., et al., Intervenors-Respondents.

Brief

16 Cited authorities

  1. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"

  2. Dairylea Coop. v. Walkley

    38 N.Y.2d 6 (N.Y. 1975)   Cited 342 times
    In Matter of Dairylea Coop. v Walkley (38 N.Y.2d 6), we set forth a two-part test for determining when a party has standing to contest administrative action.

  3. Noel v. N.Y.C. Taxi & Limousine Comm'n

    687 F.3d 63 (2d Cir. 2012)   Cited 67 times
    Holding that public entity is not liable for inaccessible taxi companies it licenses and regulates

  4. New York State Superfund Coal., Inc. v. New York State Dep't of Envtl. Conservation

    2011 N.Y. Slip Op. 8996 (N.Y. 2011)   Cited 39 times

    2011-12-15 In the Matter of NEW YORK STATE SUPERFUND COALITION, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents. Hiscock & Barclay, LLP, Rochester (Thomas F. Walsh, Thomas J. Warth and Danielle E. Mettler of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers, Barbara D. Underwood and Denise A. Hartman of counsel), for respondents. JONES Hiscock & Barclay, LLP, Rochester (Thomas F. Walsh, Thomas J. Warth and Danielle

  5. Beer Garden, Inc. v. New York State Liquor Authority

    79 N.Y.2d 266 (N.Y. 1992)   Cited 57 times
    In Matter of Beer Garden v New York State Liq. Auth. (79 N.Y.2d 266, 279), the Court of Appeals quoted with favor the language of Trans World Airlines v Civil Aeronautics Bd. (254 F.2d 90, 91), holding "`that one who participates in a case on behalf of any party, whether actively or merely formally'", should take no part in the decision.

  6. Metro. Taxicab Bd. of Trade v. New York City Taxi & Limousine Comm'n

    2011 N.Y. Slip Op. 8997 (N.Y. 2011)   Cited 20 times
    Holding an agency's determination arbitrary and capricious where it was provided in conclusory terms and had "no record support"

  7. Matter of Barry v. O'Connell

    303 N.Y. 46 (N.Y. 1951)   Cited 140 times
    In Matter of Barry v. O'Connell (303 N.Y. 46, 52) it is stated that "Although the standard fixed by the Legislature for locating 'off premises liquor and wine stores in neighborhood communities' is required to be a location 'which most effectively serves public convenience and advantage'", the Authority, in its second reason — for disapproving the petitioner's application, stated (p. 49) its conclusion to be "In view of the type of neighborhood, there is no need for a package store at the location applied for".

  8. Mayfield v. Evans

    93 A.D.3d 98 (N.Y. App. Div. 2012)   Cited 14 times
    Finding a New York State Division of Parole regulation to conflict with a statute and remanding case to the Board of Parole so that petitioner could receive a new hearing consistent with due process

  9. Noel v. N.Y.C. Taxi & Limousine Comm'n

    837 F. Supp. 2d 268 (S.D.N.Y. 2011)   Cited 6 times
    Finding lack of meaningful access where "less than 2% of the city's [taxi] fleet" was wheelchair accessible

  10. Tze Chun Liao v. New York State Banking Department

    74 N.Y.2d 505 (N.Y. 1989)   Cited 27 times
    Noting rise in use of check cashing facilities because traditional institutions have reduced personal consumer services

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,262 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  12. Section 463 - Unfair business practices by franchisors

    N.Y. Veh. & Traf. Law § 463   Cited 51 times   2 Legal Analyses
    Providing that a franchisor may not "refuse to accept a return of" a terminated franchisee's inventory and must pay fair and reasonable compensation when repurchasing the inventory