§Why CasetextPricing

In the Matter of Ranco Sand and Stone Corp., Appellant,v.Patrick Vecchio, et al., Respondents.

Brief

45 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,554 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. In the Matter of Halperin v. City of New Rochelle

    24 A.D.3d 768 (N.Y. App. Div. 2005)   Cited 442 times
    In Halperin v City of New Rochelle, 24 AD3d 768, 809 NYS2d 98 (2d Dept 2005), the court held that a "substantial evidence" question arises "only where a quasi-judicial evidentiary hearing has been held."

  3. Matter of Featherstone v. Franco

    95 N.Y.2d 550 (N.Y. 2000)   Cited 385 times
    Affirming rejection of Article 78 case

  4. Landau v. Larossa

    11 N.Y.3d 8 (N.Y. 2008)   Cited 217 times   1 Legal Analyses
    Holding that "a dismissal 'without prejudice' lacks a necessary element of res judicata - by its terms such a judgment is not a final determination on the merits"

  5. Bower Assoc. v. Town of Pleasant Val.

    2 N.Y.3d 617 (N.Y. 2004)   Cited 191 times
    Holding that Bower Associates did not have a property interest in the subdivision approval even though the Appellate Division had found in its decision in a related Article 78 action that the claimants had "met all the conditions needed for approval of its subdivision application"

  6. Parkview Assocs v. City of New York

    71 N.Y.2d 274 (N.Y. 1988)   Cited 291 times
    Holding that "`[e]stoppel is not available against a local government unit for the purpose of ratifying an administrative error,'" and such an administrative error does not confer rights contrary to the zoning laws

  7. Riverkeeper v. Planning Bd.

    2007 N.Y. Slip Op. 9064 (N.Y. 2007)   Cited 165 times   1 Legal Analyses

    No. 149. Argued October 18, 2007. Decided November 19, 2007. APPEAL, in the first three above-entitled proceedings, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered August 8, 2006. The Appellate Division (1) reversed, on the law, three judgments (one as to each proceeding) of the Supreme Court, Westchester County (Francis A. Nicolai, J.; op 2003 NY Slip Op 50776[U] [Riverkeeper, Inc. v Planning Bd. of Town

  8. Matter of Essex County v. Zagata

    91 N.Y.2d 447 (N.Y. 1998)   Cited 169 times
    Holding that an agency decision is final when the decision "may not be prevented or significantly ameliorated by further administrative action or by steps available to the complaining party"

  9. Khan v. New York State Department of Health

    96 N.Y.2d 879 (N.Y. 2001)   Cited 127 times

    Decided July 2, 2001. 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 July 20, 2000, which in a proceeding pursuant to CPLR article 78 (initiated in that court pursuant to Public Health Law § 230-c), modified, on the law, and, as modified, confirmed a determination of respondent Administrative Review Board for Professional Medical Conduct finding that petitioner committed professional misconduct

  10. Town of Riverhead v. N.Y. State Dep't of Envtl. Conservation (In re Ass'n for a Better Long Island, Inc.)

    2014 N.Y. Slip Op. 2216 (N.Y. 2014)   Cited 82 times   2 Legal Analyses

    2014-04-1 In the Matter of the ASSOCIATION FOR A BETTER LONG ISLAND, INC., et al., Petitioners, and Town of Riverhead et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents. Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead (Frank A. Isler of counsel), for appellants. Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers, Barbara D. Underwood and Andrea Oser of counsel), for respondents. Smith, Finkelstein, Lundberg, Isler & Yakaboski