Legal Opinion

Homestead Funding Corp. v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2012PublishedCited by 7 opinions

1Opinion of the CourtMcCarthy, J.

Appeal from, a judgment of the Supreme Court (McDonough, J.), entered October 4, 2011 in Albany County, which dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Banking Department imposing an annual general assessment upon petitioner.

Petitioner is a mortgage bank conducting the business of originating mortgage loans in New York. As such, petitioner is licensed and regulated by respondent Banking Department.1 Pursuant to the Banking Law, the Department charges mortgage banks an…

2Cases cited15 opinions

  1. Bower Associates v. Town of Pleasant ValleyNew York Court of Appeals · 2004
  2. Godfrey v. SpanoNew York Court of Appeals · 2009
  3. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2009
  4. MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994
  5. Alca Industries, Inc. v. DelaneyNew York Court of Appeals · 1999

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3Cited by7 opinions

  1. Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of StateAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of DeVera v. EliaAppellate Division of the Supreme Court of the State of New York · 2017
  3. New York Insurance Association, Inc. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  4. Partee v. EvansNew York Supreme Court · 2013
  5. Matter of North Shore Hematology-Oncology Assoc., P.C. v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2024

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