17 Cited authorities

Pell v. Board of Education
34 N.Y.2d 222 (N.Y. 1974) Cited 5,549 times 1 Legal Analyses
Discussing the standard of review in an Article 78 appeal
Peckham v. Calogero
2009 N.Y. Slip Op. 3585 (N.Y. 2009) Cited 513 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.
United States v. Carlton
512 U.S. 26 (1994) Cited 181 times 12 Legal Analyses
Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"
Matter of Salvati v. Eimicke
72 N.Y.2d 784 (N.Y. 1988) Cited 266 times
Holding that an administrative agency's "interpretation of the statutes it administers, if not unreasonable or irrational, is entitled to deference"
Wooley v. Corr. Servs
2010 N.Y. Slip Op. 5705 (N.Y. 2010) Cited 115 times
No. 129. Argued June 2, 2010. decided July 1, 2010. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered April 16, 2009. The Appellate Division affirmed a judgment of the Supreme Court, Albany County (Kimberly A. O'Connor, J.), entered in a proceeding pursuant to CPLR article 78, which had dismissed the petition seeking to annul respondent's determination denying petitioner inmate's grievance requesting
GE CAPITAL v. TAX APPEALS DIV
2 N.Y.3d 249 (N.Y. 2004) Cited 86 times
Observing that because “[t]hird-party finance companies do not carry the burden of collecting sales taxes as a trustee of the State,” it was not arbitrary or capricious for Tax Commission to preclude third parties from pursuing refund claims pertaining to uncollectible debts
Milliken v. United States
283 U.S. 15 (1931) Cited 207 times
Upholding retroactive application of federal estate tax statute to tax gifts made prior to enactment of the statute
In the Matter of Gable Transport v. State
29 A.D.3d 1125 (N.Y. App. Div. 2006) Cited 65 times
99221. May 11, 2006. Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 19, 2005 in Albany County, which dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, inter alia, review a determination of the Department of Transportation denying petitioner's application for a divisible load overweight permit. Darrell W. Harp, Clifton Park, for appellant. Eliot Spitzer, Attorney General, Albany (Edward Lindner
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.
Matter of Roosevelt Raceway v. Monaghan
9 N.Y.2d 293 (N.Y. 1961) Cited 84 times
In Matter of Roosevelt Raceway v. Monaghan (9 N.Y.2d 293), not only did the court expressly reserve the very question here sought to be raised (p. 303) but one judge actually expressed the view that section 45-a was "constitutionally invalid" in its entirety (pp. 311-315, per DYE, J., concurring).
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

In the Matter of WL, LLC, Respondent-Appellant,v.Department of Economic Development, Also Known as Empire State Development, et al., Appellants-Respondents.

17 Cited authorities

Discussing the standard of review in an Article 78 appeal

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.

Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"

Holding that an administrative agency's "interpretation of the statutes it administers, if not unreasonable or irrational, is entitled to deference"

Observing that because “[t]hird-party finance companies do not carry the burden of collecting sales taxes as a trustee of the State,” it was not arbitrary or capricious for Tax Commission to preclude third parties from pursuing refund claims pertaining to uncollectible debts

Upholding retroactive application of federal estate tax statute to tax gifts made prior to enactment of the statute

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.

In Matter of Roosevelt Raceway v. Monaghan (9 N.Y.2d 293), not only did the court expressly reserve the very question here sought to be raised (p. 303) but one judge actually expressed the view that section 45-a was "constitutionally invalid" in its entirety (pp. 311-315, per DYE, J., concurring).