Legal Opinion

Empire State Ass'n of Adult Homes, Inc. v. Novello

New York Supreme Court

Decided August 22, 2002Published

1Opinion of the Court

OPINION OF THE COURT

Dan Lamont, J.

Petitioners bring this CPLR article 78 proceeding seeking an order and judgment: (1) vacating, voiding, and annulling the new emergency regulation 18 NYCRR 486.5 (a) (4) (v) (new emergency regulation); (b) staying the respondent from enforcing any provision of the new emergency regulation; and (c) granting such other and further relief which the court deems just and proper, including the costs and disbursements of this proceeding. The enforcement of the new emergency regulation has been temporarily stayed during the pendency of this proceeding.

The respondent…

2Cases cited12 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Dental Society v. CareyNew York Court of Appeals · 1984
  3. Rudder v. PatakiNew York Court of Appeals · 1999
  4. Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1984
  5. Mahoney v. PatakiNew York Court of Appeals · 2002

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