45 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,031 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 410 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 356 times
    Noting that the Appellate Division lacks “interest of justice jurisdiction in reviewing the penalty imposed by the Authority” and that reconsideration of the sanction is appropriate only if the penalty “shocks the judicial conscience and, therefore, constitutes an abuse of discretion as a matter of law”
  4. Landau v. Larossa

    11 N.Y.3d 8 (N.Y. 2008)   Cited 160 times
    Recognizing that "when the disposition of a case is based upon a lack of standing only, the lower courts have not yet considered the merits of the claim."
  5. Parkview Assocs v. City of New York

    71 N.Y.2d 274 (N.Y. 1988)   Cited 280 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
  6. Bower Assoc. v. Town of Pleasant Val.

    2 N.Y.3d 617 (N.Y. 2004)   Cited 162 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"
  7. Riverkeeper v. Planning Bd.

    2007 N.Y. Slip Op. 9064 (N.Y. 2007)   Cited 145 times

    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 154 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. Schorr v. New York

    2008 N.Y. Slip Op. 2083 (N.Y. 2008)   Cited 92 times
    Holding that a city housing agency was not estopped from evicting a tenant who did not meet eligibility requirements by its purported acquiescence in his occupancy for several years
  10. Khan v. New York State Department of Health

    96 N.Y.2d 879 (N.Y. 2001)   Cited 93 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