20 Cited authorities

Schneckloth v. Bustamonte
412 U.S. 218 (1973) Cited 12,142 times 20 Legal Analyses
Holding the State need not prove knowing-and-deliberate consent to search
Wynn v. AC Rochester
273 F.3d 153 (2d Cir. 2001) Cited 424 times
Holding fraudulent misrepresentation claim not preempted by § 301 where state law rather than collective bargaining agreement was source of rights asserted by plaintiffs
Glenbriar Co v. Lipsman
2005 N.Y. Slip Op. 7730 (N.Y. 2005) Cited 79 times
Listing of out-of-state address as primary residence in tax returns not fatal to claim of primary residence in New York
Blossom View Home v. Novello
4 N.Y.3d 581 (N.Y. 2005) Cited 38 times
Discussing the prospective system used for reimbursement rates
Diemer v. Diemer
8 N.Y.2d 206 (N.Y. 1960) Cited 122 times
In Diemer v. Diemer (8 N.Y.2d 206) the plaintiff husband commenced an action for separation charging "cruel and inhuman treatment".
Matter of Finn's Liq. v. State Liq. Auth
24 N.Y.2d 647 (N.Y. 1969) Cited 92 times
In Matter of Finn's Liq. Shop v State Liq. Auth. (24 N.Y.2d 647), this Court held, without equivocation, that the exclusionary rule applies to administrative proceedings as well as to criminal prosecutions.
Stiles v. Batavia Atomic Horseshoes, Inc.
81 N.Y.2d 950 (N.Y. 1993) Cited 37 times
Leaving open question whether used goods dealers may be held strictly liable
Matter of Boyd v. Constantine
81 N.Y.2d 189 (N.Y. 1993) Cited 32 times
In Matter of Boyd v Constantine (81 N.Y.2d 189), the petitioner, a State Police officer, was arrested by Buffalo City police officers for the possession of marihuana, which was suppressed in the criminal proceeding after a determination that the City police had illegally seized it.
Blue Cross v. McCall
674 N.E.2d 1124 (N.Y. 1996) Cited 18 times
In Blue Cross & Blue Shield, we held that the Legislature could not require the Comptroller to conduct Insurance Law article 43 audits of private insurers (Blue Cross & Blue Shield, 89 N.Y.2d at 171, 652 N.Y.S.2d 218, 674 N.E.2d 1124).
In the Matter of Martin H. Handler v. Dinapoli
88 A.D.3d 1187 (N.Y. App. Div. 2011) Cited 4 times
2011-10-27 In the Matter of MARTIN H. HANDLER, M.D., P.C., Respondent,v.Thomas P. DiNAPOLI, as Comptroller of the State of New York, Appellant, et al., Respondent. Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of counsel), for appellant.Ruskin, Moscou & Faltischek, P.C., Uniondale (Matthew F. Didora of counsel), for Martin H. Handler, M.D., P.C., respondent.Kern, Augustine, Conroy & Schoppmann, P.C., Garden City ( Donald R. Moy of counsel), for Medical Society of the State of
Section 5501 - Scope of review
N.Y. C.P.L.R. § 5501 Cited 7,306 times 2 Legal Analyses
Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”
Section 126.10 - School license; licensing procedure
N.Y. Comp. Codes R. & Regs. tit. 8 § 126.10 Cited 12 times
(a) Every applicant shall submit an application for licensure of a private career school upon forms provided by the commissioner, together with such other information as the commissioner may require, including applications for approval of curricula or courses of study, quarters or facilities, required personnel licenses, and documentation of ownership and adequacy of resources. The application shall be accompanied by the statutory fee. In accordance with section 5001 (4) of the Education Law, the
Section 126.1 - Definitions
N.Y. Comp. Codes R. & Regs. tit. 8 § 126.1
As used in this Part: (a) Acceptable, adequate, appropriate, proper, reasonable, satisfactory, sufficient and suitable shall mean educationally appropriate and/or beneficial to students in the judgment of the commissioner. (b) Approved means approved by the commissioner based upon a finding of educational appropriateness and/or benefit to students. (c) Conform means to meet or satisfy in the judgment of the commissioner. (d) Curriculum means a sequence of courses which together comprise a program

In the Matter of Martin H. Handler, M.D., P.C., Appellant,v.Thomas P. DiNapoli, as Comptroller of the State of New York, et al., Respondents.

20 Cited authorities

Holding the State need not prove knowing-and-deliberate consent to search

Holding fraudulent misrepresentation claim not preempted by § 301 where state law rather than collective bargaining agreement was source of rights asserted by plaintiffs

Listing of out-of-state address as primary residence in tax returns not fatal to claim of primary residence in New York

Discussing the prospective system used for reimbursement rates

In Diemer v. Diemer (8 N.Y.2d 206) the plaintiff husband commenced an action for separation charging "cruel and inhuman treatment".

In Matter of Finn's Liq. Shop v State Liq. Auth. (24 N.Y.2d 647), this Court held, without equivocation, that the exclusionary rule applies to administrative proceedings as well as to criminal prosecutions.

Leaving open question whether used goods dealers may be held strictly liable

In Matter of Boyd v Constantine (81 N.Y.2d 189), the petitioner, a State Police officer, was arrested by Buffalo City police officers for the possession of marihuana, which was suppressed in the criminal proceeding after a determination that the City police had illegally seized it.

In Blue Cross & Blue Shield, we held that the Legislature could not require the Comptroller to conduct Insurance Law article 43 audits of private insurers (Blue Cross & Blue Shield, 89 N.Y.2d at 171, 652 N.Y.S.2d 218, 674 N.E.2d 1124).

Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”