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11 New York opinions name it 3 courts 1983–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Powhida v. City of Albanygreen2 sentences2004A party may obtain reasonable attorney's fees in a FOIL proceeding if the party establishes that (1) it has "substantially prevailed," (2) the record sought was "of clearly significant interest to the general public," and (3) "the agency lacked a reasonable basis in law for withholding the record" (Public Officers Law § 89 [4] [c] [i], [ii]; see Matter of Todd v Craig, 266 AD2d 626, 626-627 [1999], lv denied 94 NY2d 760 [2000]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [1997]; Matter of Powhida v City of Albany, 147 AD2d 236, 238 [1989]). 2004A party may obtain reasonable attorney’s fees in a FOIL proceeding if the party establishes that (1) it has “substantially prevailed,” (2) the record sought was “of clearly significant interest to the general public,” and (3) “the agency lacked a reasonable basis in law for withholding the record” (Public Officers Law § 89 [4] [c] [i], [ii]; see Matter of Todd v Craig, 266 AD2d 626, 626-627 [1999], lv denied 94 NY2d 760 [2000]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [1997]; Matter of Powhida v City of Albany, 147 AD2d 236, 238 [1989]). | 2 | 2 |
Corvetti v. Town of Lake Pleasantgreen2 sentences2004A party may obtain reasonable attorney's fees in a FOIL proceeding if the party establishes that (1) it has "substantially prevailed," (2) the record sought was "of clearly significant interest to the general public," and (3) "the agency lacked a reasonable basis in law for withholding the record" (Public Officers Law § 89 [4] [c] [i], [ii]; see Matter of Todd v Craig, 266 AD2d 626, 626-627 [1999], lv denied 94 NY2d 760 [2000]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [1997]; Matter of Powhida v City of Albany, 147 AD2d 236, 238 [1989]). 2004A party may obtain reasonable attorney’s fees in a FOIL proceeding if the party establishes that (1) it has “substantially prevailed,” (2) the record sought was “of clearly significant interest to the general public,” and (3) “the agency lacked a reasonable basis in law for withholding the record” (Public Officers Law § 89 [4] [c] [i], [ii]; see Matter of Todd v Craig, 266 AD2d 626, 626-627 [1999], lv denied 94 NY2d 760 [2000]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [1997]; Matter of Powhida v City of Albany, 147 AD2d 236, 238 [1989]). | 2 | 2 |
Todd v. Craiggreen2 sentences2004A party may obtain reasonable attorney's fees in a FOIL proceeding if the party establishes that (1) it has "substantially prevailed," (2) the record sought was "of clearly significant interest to the general public," and (3) "the agency lacked a reasonable basis in law for withholding the record" (Public Officers Law § 89 [4] [c] [i], [ii]; see Matter of Todd v Craig, 266 AD2d 626, 626-627 [1999], lv denied 94 NY2d 760 [2000]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [1997]; Matter of Powhida v City of Albany, 147 AD2d 236, 238 [1989]). 2004A party may obtain reasonable attorney’s fees in a FOIL proceeding if the party establishes that (1) it has “substantially prevailed,” (2) the record sought was “of clearly significant interest to the general public,” and (3) “the agency lacked a reasonable basis in law for withholding the record” (Public Officers Law § 89 [4] [c] [i], [ii]; see Matter of Todd v Craig, 266 AD2d 626, 626-627 [1999], lv denied 94 NY2d 760 [2000]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [1997]; Matter of Powhida v City of Albany, 147 AD2d 236, 238 [1989]). | 2 | 2 |
Matter of Sherwood v. New York State Dept. of Motor Vehiclesgreen2 sentences2025A party to a license revocation hearing must provide, upon request, "the evidence that the party intends to introduce at the hearing, including documentary evidence and the identification of witnesses" (9 NYCRR 133.15 [b]), but this does not extend to exculpatory or impeachment material and, in any event, this was not a license revocation proceeding. [FN7] Additionally, petitioner has not "set forth a factual demonstration" supporting his allegation that the ALJ was biased against him or "prove[n] that the administrative outcome flowed from" such alleged bias ( Matter of Sherwood v New York St 2025A party to a license revocation hearing must provide, upon request, "the evidence that the party intends to introduce at the hearing, including documentary evidence and the identification of witnesses" (9 NYCRR 133.15 [b]), but this does not extend to exculpatory or impeachment material and, in any event, this was not a license revocation proceeding. [FN7] Additionally, petitioner has not "set forth a factual demonstration" supporting his allegation that the ALJ was biased against him or "prove[n] that the administrative outcome flowed from" such alleged bias ( Matter of Sherwood v New York St | 1 | 1 |
Matter of Supreme Energy, LLC v. Martensgreen2 sentences2025Finally, after reviewing the hearing [*5]testimony, the photographs admitted into evidence and the video taken during the June 2023 regulatory inspection, we conclude that the ALJ's determination finding that petitioner engaged in the unlicensed sale of cannabis products on June 28, 2023 in violation of Cannabis Law § 125 (1) is supported by substantial evidence ( see Matter of Supreme Energy, LLC v Martens , 145 AD3d 1147, 1148-1149 [3d Dept 2016]). 2025Finally, after reviewing the hearing [*5]testimony, the photographs admitted into evidence and the video taken during the June 2023 regulatory inspection, we conclude that the ALJ's determination finding that petitioner engaged in the unlicensed sale of cannabis products on June 28, 2023 in violation of Cannabis Law § 125 (1) is supported by substantial evidence ( see Matter of Supreme Energy, LLC v Martens , 145 AD3d 1147, 1148-1149 [3d Dept 2016]). | 1 | 1 |
Craig v. Swartsgreen2 sentences2017An administrative determination revoking a person's driver's license will be upheld so long as it is supported by substantial evidence ( see Matter of Berlin v New York State Dept. of Motor Vehs. , 80 AD3d at 913 ; Matter of Craig v Swarts , 68 AD3d 1407, 1409 [2009]). 2017An administrative determination revoking a person’s driver’s license will be upheld so long as it is supported by substantial evidence (see Matter of Berlin v New York State Dept. of Motor Vehs., 80 AD3d at 913 ; Matter of Craig v Swarts, 68 AD3d 1407, 1409 [2009]). | 1 | 1 |
Berlin v. New York State Department of Motor Vehiclesgreen2 sentences2017The issues to be determined by the ALJ at a license revocation hearing are "limited to whether the police officer had reasonable grounds to believe that petitioner had been operating a vehicle in violation of Vehicle and Traffic Law § 1192, whether the officer made a lawful arrest of petitioner, whether the warnings with regard to the consequences of refusal to take the chemical test were sufficient and whether petitioner refused to take such test" ( Matter of Berlin v New York State Dept. of Motor Vehs. , 80 AD3d 911, 913 [2011]; see Vehicle and Traffic Law § 1194 [2] [c]). 2017The issues to be determined by the ALJ at a license revocation hearing are “limited to whether the police officer had reasonable grounds to believe that petitioner had been operating a vehicle in violation of Vehicle and Traffic Law § 1192, whether the officer made a lawful arrest of petitioner, whether the warnings with regard to the consequences of refusal to take the chemical test were sufficient and whether petitioner refused to take such test” (Matter of Berlin v New York State Dept. of Motor Vehs., 80 AD3d 911, 913 [2011]; see Vehicle and Traffic Law § 1194 [2] [c]). | 1 | 1 |
Livulpi v. Swartsgreen1 sentence2015At a hearing held pursuant to Vehicle and Traffic Law § 1194, the hearing officer is required to determine, inter alia, whether the police lawfully arrested the operator of the motor vehicle for operating such vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192 (see Matter of Baldwin v Fiala, 102 AD3d 960, 961 [2013]; Matter of *853 Livulpi v Swarts, 100 AD3d 759, 760 [2012]). | 1 | 1 |
Baldwin v. Fialagreen1 sentence2015At a hearing held pursuant to Vehicle and Traffic Law § 1194, the hearing officer is required to determine, inter alia, whether the police lawfully arrested the operator of the motor vehicle for operating such vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192 (see Matter of Baldwin v Fiala, 102 AD3d 960, 961 [2013]; Matter of *853 Livulpi v Swarts, 100 AD3d 759, 760 [2012]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gilberg v. Barbieri
green
1 sentence2001Defendant did not have the same opportunity to contest his negligence in the license revocation hearing as he would have in this action, and thus he should be allowed the opportunity to fully defend this action on the merits in a manner consistent with its potential magnitude (see, Gilberg v Barbieri, 53 NY2d 285, 292-294 ). | 1 | 2001–2001 |
Afif v. Ambach
green
1 sentence1997Unlike Matter of Afif v Ambach ( 134 AD2d 679 ), a license revocation hearing where there were repeated references to criminal proceedings against the petitioner in a close credibility situation {supra, at 683), the references here to the existence of a newspaper article, without revealing the similarity of the admissions contained in the consent order, were not, in our opinion, sufficiently prejudicial to require the determination to be annulled {see, Matter of Jean-Baptiste v Sobol, supra, at 824). | 1 | 1997–1997 |
People v. Kendzia
green
1 sentence1988(People v Kendzia, 64 NY2d 331 [1985].) Defendant’s objection is based on the People’s admission to the court that as a result of backlogs at the stenographer’s office they had not yet received transcripts of a license revocation hearing held at the Department of Motor Vehicles at which the arresting officer testified. | 1 | 1988–1988 |
People v. Ingle
green
1 sentence1985The testimony of the police officer established that the officers had reasonable grounds to suspect that petitioner’s car was following their car too closely, in violation of Vehicle and Traffic Law § 1129 (a), and thus the stop of his car was justified (see, People v Ingle, 36 NY2d 413, 414 ). | 1 | 1985–1985 |
Geary v. Commissioner of Motor Vehicles
green
1 sentence1984A review of the record reveals that this factual determination, which was affirmed by respondent, is supported by substantial evidence. 11 We have examined petitioner’s contention with respect to laches and find it to be without merit (see Matter of Geary v Commissioner of Motor Vehicles, 92 AD2d 38 , affd 59 NY2d 950 ). | 1 | 1984–1984 |
Matter of Geary v. Comm'r of Motor Vehicles of the State of New York
green
1 sentence1984A review of the record reveals that this factual determination, which was affirmed by respondent, is supported by substantial evidence. 11 We have examined petitioner’s contention with respect to laches and find it to be without merit (see Matter of Geary v Commissioner of Motor Vehicles, 92 AD2d 38 , affd 59 NY2d 950 ). | 1 | 1984–1984 |
Geffen Motors, Inc. v. State
green
1 sentence1983Auth., 33 AD2d 980, 981 , mot for lv to app den 26 NY2d 614 ; see, also, Matter of Inner Circle Rest, v New York State Liq. | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.