§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

21 Cited authorities

  1. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  2. 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"

  3. Consolation Nursing Home, Inc. v. Commissioner of New York State Department of Health

    85 N.Y.2d 326 (N.Y. 1995)   Cited 107 times
    In Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health (85 N.Y.2d 326, 332), the Court of Appeals stated that "Although documented studies often provide support for an agency's rule making, such studies are not the sine qua non of a rational determination * * * 'the commissioner, of course, is not confined to factual data alone but also may apply broader judgmental considerations based upon the expertise and experience of the agency he heads' (see, Matter of Catholic Med. Ctr. v. Department of Health, 48 N.Y.2d 967, 968-969)."

  4. Matter of Levine v. Whalen

    39 N.Y.2d 510 (N.Y. 1976)   Cited 146 times
    Holding that the standard provided in a public health law, “ ‘to provide for the protection and promotion of the health of the inhabitants of the state,’ is not so vague and indefinite as to set no standard or to outline no policy”

  5. Finger Lakes v. Racing Bd.

    45 N.Y.2d 471 (N.Y. 1978)   Cited 127 times
    Striking down an administrative agency's regulation for being in “direct conflict” with the statute

  6. Matter of Nicholas v. Kahn

    47 N.Y.2d 24 (N.Y. 1979)   Cited 122 times
    In Nicholas the Public Service Commission adopted rules prohibiting various employees, and their children and spouses, from owning any interest in certain business concerns whose performance was related to companies regulated by the Commission.

  7. US Ecology, Inc. v. State

    92 Cal.App.4th 113 (Cal. Ct. App. 2001)   Cited 62 times
    In US Ecology, Inc. v. State of Calif., 92 Cal. App. 4th 113 (2001), the court held that a license to operate a low-level radioactive waste disposal facility was not a contract.

  8. Oklahoma Public Employees v. Ok. Dept. of Central SVCS

    2002 OK 71 (Okla. 2002)   Cited 42 times

    No. 94985 Decided: September 24, 2002 APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY Richard W. Freeman, Jr., Assistant General Counsel, DHS, and John J. Ely, Jr., Assistant General Counsel, DHS, Oklahoma City, Oklahoma, for Defendant/Appellant Oklahoma Department of Human Services. Joseph Walters and John D. Stiner, McAffee Taft, Oklahoma City, Oklahoma for Defendants/Appellants Oklahoma Department of Central Services and Tom Jaworksky. Richard A. Mildren and Catherine Napier, Riggs, Abney, Neal

  9. Bittrolff v. Ho's Development Corp.

    77 N.Y.2d 896 (N.Y. 1991)   Cited 62 times
    In Bittrolff, which is not a lead-based paint poisoning case, the prior owner was not held responsible for injuries first sustained after transfer of the property.

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

    79 N.Y.2d 266 (N.Y. 1992)   Cited 58 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.

  11. Section 617.9 - Preparation and content of environmental impact statements

    N.Y. Comp. Codes R. & Regs. tit. 6 § 617.9   Cited 142 times   5 Legal Analyses

    (a) Environmental impact statement procedures. (1) The project sponsor or the lead agency, at the project sponsor's option, will prepare the draft EIS. If the project sponsor does not exercise the option to prepare the draft EIS, the lead agency will prepare it, cause it to be prepared or terminate its review of the action. A fee may be charged by the lead agency for preparation or review of an EIS pursuant to section 617.13 of this Part. (2) The lead agency will use the final written scope and the