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Top citers, strongest first. 4 distinct citers.
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discussed
Cited "see"
Malerba v. New York City Tr. Auth.
It is axiomatic that issues of "statutory interpretation" are "question[s] of law for the court" ( Village of Freeport v Barrella , 814 F3d 594, 607 [2d Cir 2016]; see Cayuga Indian Nation of N.Y. v Gould , 14 NY3d 614, 635 [2010] ["(A) query concerning the scope and interpretation of a statute" is a "pure question of law"], cert denied 562 US 953 [2010]; Matter of Gruber [New York City Dept. of Personnel - Sweeney] , 89 NY2d 225, 231-232 [1996]).
discussed
Cited "see"
State Of New York v. Grand River Enterprises Six Nations, LTD.
See Cayuga Indian Nation of N.Y. v. Gould, 930 N.E.2d 233, 235-40 (N.Y.) (“Gould”) (noting that following enactment of Tax Law § 471-e in 2003 requiring collection of the excise tax on sales of cigarettes on Indian reservations, the required implementing regulations by the Department of Taxation and Finance were “never formally adopted” nor did the Department timely adopt new regulations as the 2005 enactment required), cert. denied, 562 U.S. 953 (2010).
discussed
Cited "see"
HCI Distribution, Inc. v. New York State Police
Even where such a proceeding is permissible, the court has the discretion to deny the issuance of a writ of prohibition after considering such factors as “ ‘the gravity of the harm caused by the excess of power, the availability or unavailability of an adequate remedy on appeal or at law or in equity and the remedial effectiveness of prohibition if such an adequate remedy does not exist’ ” (Matter of Soares v Herrick, 20 NY3d at 145 , quoting Matter of Dondi v Jones, 40 NY2d at 13 ; accord Matter of Morgenthau v Erlbaum, 59 NY2d at 147 ; see Cayuga Indian Nation of N.Y. v Gould, 14 NY3…
discussed
Cited "see"
HCI Distribution, Inc. v. New York State Police
Even where such a proceeding is permissible, the court has the discretion to deny the issuance of a writ of prohibition after considering such factors as “ ‘the gravity of the harm caused by the excess of power, the availability or unavailability of an adequate remedy on appeal or at law or in equity and the remedial effectiveness of prohibition if such an adequate remedy does not exist’ ” (Matter of Soares v Herrick, 20 NY3d at 145 , quoting Matter of Dondi v Jones, 40 NY2d at 13 ; accord Matter of Morgenthau v Erlbaum, 59 NY2d at 147 ; see Cayuga Indian Nation of N.Y. v Gould, 14 NY3…
Retrieving the full opinion text from the archive…
David S. Gould, Sheriff, Cayuga County, New York
v.
Cayuga Indian Nation of New York
v.
Cayuga Indian Nation of New York
No. 10-206.
Supreme Court of the United States.
Oct 4, 2010.
562 U.S. 953
2010 U.S. LEXIS 7668
Consideration, Took.
Cited by 1 opinion | Published
Petition for writ of certiorari to the Court of Appeals of New York denied.
Justice Kagan took no part in the consideration or decision of this petition.Same case below, 14 N.Y.3d 614, 904 N.Y.S.2d 312, 930 N.E.2d 233.