Legal Opinion
MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of Health
New York Court of Appeals
Decided December 17, 1985PublishedCited by 107 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the petition dismissed.
We assume, without deciding, that petitioners had standing to bring this proceeding (Association of Contr. Plumbers v Fruchtman, 64 NY2d 808, 810; Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs., 63 NY2d 100, 104; Jainchill v Citibank, 62 NY2d 739, 740). On the merits, however, we agree with Justice Howard A. Levine, the dissenter at the Appellate Division, that only a fixed, general principle to be applied by an administrative agency…
2Cases cited3 opinions
- Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
- Jainchill v. Citibank, N. A.New York Court of Appeals · 1984
- Association of Contracting Plumbers of City of New York, Inc. v. FruchtmanNew York Court of Appeals · 1985
3Cited by107 opinions
- Constantine v. LetoAppellate Division of the Supreme Court of the State of New York · 1990
- Speyer v. BarryDistrict of Columbia Court of Appeals · 1991
- MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994
- New York City Transit Authority v. New York State Department of LaborNew York Court of Appeals · 1996
- Alca Industries, Inc. v. DelaneyNew York Court of Appeals · 1999
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