Legal Opinion

People v. Cuttita

New York Court of Appeals

Decided October 24, 2006PublishedCited by 9 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Gbaffeo, J.

In this case, defendant Frank Cuttita asserts that the office of the State Welfare Inspector General was not statutorily authorized to prosecute him for knowingly operating an adult care facility without a license in violation of Social Services Law § 461-b (2) (c). Under the circumstances of this case, we agree that the Welfare Inspector General (WIG) lacked jurisdiction under the relevant statutes.

I

Since the mid-1980s, defendant has been engaged in a dispute with state authorities regarding several properties in the Town of Liberty, Sullivan County, that…

2Cases cited6 opinions

  1. Della Pietra v. StateNew York Court of Appeals · 1988
  2. Landau v. HynesNew York Court of Appeals · 1979
  3. People v. RomeroNew York Court of Appeals · 1998
  4. People v. GilmourNew York Court of Appeals · 2002
  5. Perales v. CuttitaAppellate Division of the Supreme Court of the State of New York · 1987

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

3Cited by9 opinions

  1. People v. MiranAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Makhani v. KieselAppellate Division of the Supreme Court of the State of New York · 2022
  3. Matter of Makhani v. KieselAppellate Division of the Supreme Court of the State of New York · 2022
  4. Reckess v. New York State Commission on Quality of Care for the Mentally DisabledNew York Court of Appeals · 2006
  5. MIRAN, MICHAEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API