Legal Opinion · Dissent
9th & 10th Street L.L.C. v. Board of Standards & Appeals
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2007Published
1Dissent
Williams, J. (dissenting).
While the requirements the Department of Buildings (DOB) imposed on petitioner may seem more like “a fixed, general principle” (Matter of Roman Catholic Diocese of Albany v New York State Dept. of Health, 66 NY2d 948, 951 [1985]) than “ad hoc decision making” (Matter of Alca Indus. v Delaney, 92 NY2d 775, 778 [1999]), DOB’s options were not limited to rulemaking (see e.g. Matter of Roman Catholic Diocese of Albany v New York State Dept. of Health, 109 AD2d 140, 148 [1985, Levine, J., dissenting in part], revd 66 NY2d 948 [1985], supra; see also NLRB v Bell Aerospace…
2Cases cited8 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
- MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
- Appelbaum v. DeutschNew York Court of Appeals · 1985
- Alca Industries, Inc. v. DelaneyNew York Court of Appeals · 1999
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