Legal Opinion
Cintron v. Calogero
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2012Published
1Opinion of the Court
*457The application should have been denied, since DHCR’s position in the underlying CPLR article 78 proceeding was “substantially justified” (CPLR 8601 [a]), that is, it had a “reasonable basis both in law and fact” (Matter of New York State Clinical Lab. Assn. v Kaladjian, 85 NY2d 346, 356 [1995] [internal quotation marks omitted]). Indeed, when the proceeding commenced, appellate precedent existed supporting the agency’s position (see e.g. Matter of Highlawn Assoc. v Division of Hous. & Community Renewal, 309 AD2d 750 [2d Dept 2003], overruled by Jenkins v Fieldbridge Assoc., LLC, 65 AD3d 169,…
2Cases cited9 opinions
- Ericksson v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2009
- Lumbermens Mutual Casualty Co. v. Morse Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Cintron v. CalogeroNew York Court of Appeals · 2010
- Henry Ruffin Broaddus, and Frances Broaddus Crutchfield v. United States Army Corps of Engineers, and County of Hanover, VirginiaCourt of Appeals for the Fourth Circuit · 2004
- Barnett v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995
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