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In the Matter of Prometheus Realty Corp., et al., Respondents,v.New York City Water Board, et al., Appellants.

Brief

57 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,553 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. Matter Hearst Corp. v. Clyne

    50 N.Y.2d 707 (N.Y. 1980)   Cited 1,594 times
    Holding that courts are normally precluded from considering questions that, once alive, have become moot by change of circumstances

  3. Saratoga Cty. Chamber of Commerce v. Pataki

    100 N.Y.2d 801 (N.Y. 2003)   Cited 636 times   2 Legal Analyses
    Holding that approval of Indian gaming compact by the governor usurped the power of the legislature and violated the state constitution and the separation of powers doctrine

  4. Matter of Holtzman v. Goldman

    71 N.Y.2d 564 (N.Y. 1988)   Cited 696 times
    Finding that the plain language of the statute authorizing a trial order of dismissal "manifests the Legislature's intention only to grant the court the power to rule on insufficiency, not the power to terminate the proceedings by default"

  5. Vucetovic v. Epsom Downs

    2008 N.Y. Slip Op. 4901 (N.Y. 2008)   Cited 334 times
    In Vucetovic, the plaintiff was injured when he stepped into a tree well and tripped on one of the cobblestones surrounding the dirt area.

  6. Watergate v. Buffalo Sewer

    46 N.Y.2d 52 (N.Y. 1978)   Cited 671 times
    Holding that "one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law"

  7. 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”

  8. In re Leon RR

    48 N.Y.2d 117 (N.Y. 1979)   Cited 356 times
    In Matter of Leon R.R., 48 N.Y.2d 117 (1979), the Court of Appeals found the wholesale admission of a child's entire case file, replete with inadmissible hearsay, maintained by the St. Lawrence County Department of Social Services as a business record required reversal in a termination of parental rights proceeding.

  9. 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"

  10. Albany Bldrs. v. Guilderland

    74 N.Y.2d 372 (N.Y. 1989)   Cited 159 times
    Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

  11. Section 1045-G - General powers of the water board

    N.Y. Pub. Auth. Law § 1045-G   Cited 29 times

    Except as otherwise limited by this title, the water board shall have power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To make and amend by-laws for its organization and internal management, and rules and regulations governing the exercise of its powers and duties and the fulfillment of its purposes under this title; 4. To establish, fix, revise, charge and collect and enforce the payment of all fees, rates, rents and other service charges for the use of, or services

  12. Section 1045-J - Imposition and disposition of sewer and water fees, rates, rents or charges

    N.Y. Pub. Auth. Law § 1045-J   Cited 27 times
    Allowing the Water Board to “accept credit cards as a means of payment of fees, rates, rent or other charges,” and to impose “a reasonable administrative service fee not to exceed the costs incurred by the water board in connection with such credit card transaction.”

  13. Section 1045-H - Transfer of sewerage or water systems by the city to the water board

    N.Y. Pub. Auth. Law § 1045-H   Cited 5 times

    1. The city may, acting either by the mayor alone or by resolution of the board of estimate of the city, enter into an agreement with the water board for the transfer to the water board, for use in the exercise of its corporate powers and purposes, the sewerage system or water system, or both, of the city as the same then shall be owned by the city. Any such agreement may provide for the transfer of title of such system or systems by deed, lease or other arrangement to the water board. To the extent

  14. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation