Perez v. Fischer, 74 A.D.3d 1606 (N.Y. App. Div. 2010). · Go Syfert
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Perez v. Fischer, 74 A.D.3d 1606 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 3 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of SUNCO Holding Corp. v. Town of Vestal
N.Y. App. Div. · 2022 · confidence medium
Footnote 3: In any event, were we to address the merits of petitioner's claim that its most recent suspension was arbitrary and capricious, we would agree with Supreme Court that the suspension was in line with the policy and was rational ( see Matter of Henson v City of Syracuse , 119 AD3d 1340, 1341 [2014]; Matter of Alltow, Inc. v Village of Wappingers Falls , 94 AD3d 879, 881-882 [2012]; Matter of Prestige Towing & Recovery, Inc. v State of New York , 74 AD3d 1606, 1607-1608 [2010]).
discussed Cited as authority (rule) Global Companies LLC v. New York State Department of Environmental Conservation
N.Y. App. Div. · 2017 · confidence medium
While DEC has the discretionary authority to revoke a NOCA, the revocation is still measured against the arbitrary and capricious standard and, therefore, must have a “sound basis in reason” (Matter of Prestige Towing & Recovery, Inc. v State of New York, 74 AD3d 1606, 1607 [2010] [internal quotation marks and citation omitted]; see CPLR 7803 [3]).
discussed Cited "see" Matter of Bennett v. Zoning Bd. of Appeals of the Vil. of Sagaponack
N.Y. App. Div. · 2019 · signal: see · confidence high
ORDERED that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits. "[I]n an article 78 proceeding, the reviewing court may not weigh the evidence, choose between conflicting proof, or substitute its assessment of the evidence or witness credibility for that of the administrative factfinder" ( Matter of Underhill-Washington Equities, LLC v Division of Hous. & Community Renewal , 157 AD3d 705 , 707; see Matter of Prestige Towing & Recovery, Inc. v State of New York , 74 AD3d 1606, 1607 ).
cited Cited "see" Matter of Underhill-Washington Equities, LLC v. Division of Hous. & Community Renewal
N.Y. App. Div. · 2018 · signal: see · confidence high
Auth ., 42 AD3d 314, 314 ; see Matter of Prestige Towing & Recovery, Inc. v State of New York , 74 AD3d 1606, 1607 ).
discussed Cited "see" HENSON, ROGER v. CITY OF SYRACUSE (2×)
N.Y. App. Div. · 2014 · signal: see · confidence high
Even assuming, arguendo, that collateral estoppel applies, we note that Henson is not controlling because subsequent cases have held that a towing company does not have a “property . . . interest in its inclusion on a municipal rotational tow list that would entitle it to . . . a hearing” (Matter of Alltow, Inc. v Village of Wappingers Falls, 94 AD3d 879, 881 ; see Matter of Prestige Towing & Recovery, Inc. v State of New York, 74 AD3d 1606, 1608 ; see also Matter of Loyal Tire & Auto Ctr. v New York State Thruway Auth., 227 AD2d 82, 85-86 , lv denied 90 NY2d 804 ).
discussed Cited "see" Henson v. City of Syracuse (2×)
N.Y. App. Div. · 2014 · signal: see · confidence high
Even assuming, arguendo, that collateral estoppel applies, we note that Henson is not controlling because subsequent cases have held that a towing company does not have a “property .. . interest in its inclusion on a municipal rotational tow list that would entitle it to ... a hearing” (Matter of Alltow, Inc. v Village of Wappingers Falls, 94 AD3d 879, 881 [2012]; see Matter of Prestige Towing & Recovery, Inc. v State of New York, 74 AD3d 1606, 1608 [2010]; see also Matter of Loyal Tire & Auto Ctr. v New York State Thruway Auth., 227 AD2d 82, 85-86 [1997], lv denied 90 NY2d 804 [1997]).
discussed Cited "see" Henson v. City of Syracuse (2×)
N.Y. App. Div. · 2014 · signal: see · confidence high
Even assuming, arguendo, that collateral estoppel applies, we note that Henson is not controlling because subsequent cases have held that a towing company does not have a “property .. . interest in its inclusion on a municipal rotational tow list that would entitle it to ... a hearing” (Matter of Alltow, Inc. v Village of Wappingers Falls, 94 AD3d 879, 881 [2012]; see Matter of Prestige Towing & Recovery, Inc. v State of New York, 74 AD3d 1606, 1608 [2010]; see also Matter of Loyal Tire & Auto Ctr. v New York State Thruway Auth., 227 AD2d 82, 85-86 [1997], lv denied 90 NY2d 804 [1997]).
Retrieving the full opinion text from the archive…
In the Matter of Carlos Perez
v.
Brian Fischer, as Commissioner of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Jun 17, 2010.
74 A.D.3d 1606
Cited by 1 opinion  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination which found him guilty of smuggling and possessing a weapon after a five-inch piece of sharpened plexiglás was alleged to have been found among his legal papers. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge imposed was refunded to petitioner. Accordingly, petitioner has received all the relief to which he is entitled and this matter is dismissed as moot (see Matter of Ortiz v Fischer, 71 AD3d 1244 [2010]; Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

Cardona, P.J., Spain, Rose, Kavanagh and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.