Legal Opinion

Kenton Associates, Ltd. v. Division of Housing & Community Renewal

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

Decided March 12, 1996PublishedCited by 12 opinions

1Opinion of the Court

It is well established that the very limited standard which governs judicial review by mandamus of an administrative determination pursuant to CPLR article 78 is whether the determination was arbitrary and capricious, and that a reviewing court is therefore restricted to an assessment of whether the action in question was taken "without sound basis in reason and * * * without regard to the facts” (Matter of Pell v Board of Educ., 34 NY2d 222, 231; see also, New York City Health & Hosps. Corp. v McBarnette, 84 NY2d 194, 203, n 2; Matter of Heintz v Brown, 80 NY2d 998, 1001; Matter of Forest…

2Cases cited7 opinions

  1. New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
  2. Salvati v. EimickeNew York Court of Appeals · 1988
  3. New York State Medical Transporters Ass'n v. PeralesNew York Court of Appeals · 1990
  4. Heintz v. BrownNew York Court of Appeals · 1992
  5. Metropolitan Associates Ltd. Partnership v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. H.M. Village Realty v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2003
  2. 721 Ninth Avenue, LLC v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004
  3. Rampolla v. Banking DepartmentNew York Supreme Court · 2010
  4. Spano v. NovelloNew York Supreme Court · 2003
  5. 529 E. 235th St. Estates LLC v. City of New YorkNew York Supreme Court, New York County · 2025

7 more not listed; retrieve them via the Exa API.

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