15 Cited authorities

  1. Peckham v. Calogero

    2009 N.Y. Slip Op. 3585 (N.Y. 2009)   Cited 367 times
    In Peckham v Calogero (12 NY3d 424 [2009]) the Court of Appeals upheld the determination of the State Division of Housing and Community Renewal (DHCR), which granted a landlord's application to refuse renewal of its tenant's lease.
  2. Matter of Salvati v. Eimicke

    72 N.Y.2d 784 (N.Y. 1988)   Cited 254 times
    Holding that an administrative agency's "interpretation of the statutes it administers, if not unreasonable or irrational, is entitled to deference"
  3. Pajak v. Pajak

    56 N.Y.2d 394 (N.Y. 1982)   Cited 160 times
    In Pajak v. Pajak (56 N.Y.2d 394, 397) the Court confirms this adage (citing McKinney's Cons Laws of NY, Book 1, Statutes § 74) saying "The failure of the Legislature to include a matter within a particular statute is an indication that its exclusion was intended".
  4. People v. Mobil Oil Corp.

    48 N.Y.2d 192 (N.Y. 1979)   Cited 130 times
    Posting of signs
  5. Weingarten v. Board of Trustees

    98 N.Y.2d 575 (N.Y. 2002)   Cited 28 times

    No. 113 Argued September 5, 2002. Decided October 22, 2002. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered November 8, 2001, which affirmed an order and judgment of the Supreme Court (Ira Gammerman, J.), entered in New York County, granting a motion by plaintiff for summary judgment to declare that defendants' failure to include "per session" compensation in the computation of teachers' retirement

  6. Alweis v. Evans

    69 N.Y.2d 199 (N.Y. 1987)   Cited 46 times
    In Alweis v Evans (69 N.Y.2d 199, supra), the Court of Appeals looked to its earlier decision in Moynahan v City of New York (205 N.Y. 181) in reconciling the seemingly inconsistent provisions of the Judiciary Law regarding compensation of court reporters.
  7. Carney v. Philippone

    1 N.Y.3d 333 (N.Y. 2004)   Cited 22 times
    Interpreting the Onondaga County Tax Act as providing a two-year redemption period and requiring six months' advance personal notice of expiration, and holding that that arrangement was “consonant with the requirements of due process”
  8. Brown v. New York State Racing & Wagering Board

    60 A.D.3d 107 (N.Y. App. Div. 2009)   Cited 15 times

    No. 2007-07303. January 13, 2009. APPEA L from an order and judgment (one paper) of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered July 12, 2007 in a proceeding pursuant to CPLR article 78. The order and judgment, insofar as appealed from, denied that branch of the motion of respondent New York State Racing and Wagering Board pursuant to CPLR 3211 (a) (5) to dismiss the proceeding as time-barred, granted the petition and enjoined respondent from preventing petitioner from practicing

  9. SIN, Inc. v. Department of Finance

    71 N.Y.2d 616 (N.Y. 1988)   Cited 38 times

    Argued March 22, 1988 Decided May 3, 1988 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department. Peter L. Zimroth, Corporation Counsel (James F. Eller, Glenn Newman and Stanley Buchsbaum of counsel), for appellant. Stephen R. Sugrue and Stephen S. Ziegler for respondent. Per Curiam. Petitioner, a corporation engaged in the operation of a Spanish language television network, leased commercial office space in Manhattan in September 1981. The 15 1/2-year lease was

  10. In the Matter of Blalock v. Olney

    17 A.D.3d 842 (N.Y. App. Div. 2005)   Cited 11 times

    96919. April 14, 2005. Appeal from a judgment of the Supreme Court (Mulvey, J.), entered August 20, 2004 in Tompkins County, which, inter alia, dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Zoning Appeals of the City of Ithaca granting respondent Cayuga Country Homes, Inc. a building permit. True, Walsh Miller L.L.P., Ithaca (Adam R. Schaye of counsel), for appellants. Martin A. Luster, City Attorney, Ithaca (Patricia Dunn

  11. Section 959 - Responsibilities of the commissioner

    N.Y. Gen. Mun. Law § 959   Cited 22 times

    The commissioner shall: (a) After consultation with the director of the budget, the commissioner of labor, and the commissioner of taxation and finance, promulgate regulations, which, notwithstanding any provisions to the contrary in the state administrative procedure act, may be adopted on an emergency basis, governing (i) criteria of eligibility for empire zone designation, provided, however, that such criteria be approved by the director of the budget; (ii) the application process; (iii) the certification

  12. Section 11.9 - Revocation of certification

    N.Y. Comp. Codes R. & Regs. tit. 5 § 11.9   Cited 15 times

    (a) The commissioner may revoke the certification of a business enterprise upon a finding of any one of the following: (1) the business enterprise made material misrepresentations of fact on its application for certification or on a business annual report, or the business enterprise failed to disclose facts in its application for certification that would constitute grounds for not issuing a certification; (2) the business enterprise has failed to construct, expand, rehabilitate, invest in or operate