highly deferential standard (New York) · Go Syfert
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highly deferential standard in New York

7 New York opinions name it 1 courts 2008–2021 2 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.

Followed or applied (4)

CaseFollowedCited
Sommer v. Federal Signal Corp.green
ny · 1992 · cited in 2 New York opinions naming this issue, 2016–2016
2 sentences

2016We also hold that, under the highly deferential standard afforded to pleadings, the particular facts alleged in the amended complaint are sufficient to support plaintiff’s claim of gross negligence, which should not have been dismissed (Sommer v Federal Signal Corp., 79 NY2d 540, 554 [1992]).

2016We also hold that, under the highly deferential standard afforded to pleadings, the particular facts alleged in the amended complaint are sufficient to support plaintiff's claim of gross negligence, which should not have been dismissed ( Sommer v Federal Signal Corp. , 79 NY2d 540, 554 [1992]).

22
Oxford Health Plans LLC v. Suttergreen
scotus · 2013 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Thus, "an arbitral decision even arguably construing or applying the [procedural record] must stand, regardless of a court's view of its (de)merits" ( Oxford Health Plans , 569 US at 569 [internal quotation marks omitted]).

11
Lucas v. Novellogreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010In light of the nature of petitioner’s misconduct, his prior disciplinary record and his failure after the prior misconduct to take appropriate corrective steps, we are unpersuaded that the penalty is inappropriate under the applicable highly deferential standard of review (see Matter of Ostad v New York State Dept. of Health, 40 AD3d 1251, 1253 [2007]; Matter of Lucas v Novello, 296 AD2d 735, 735-736 [2002]).

11
Ostad v. New York State Department of Healthgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010In light of the nature of petitioner’s misconduct, his prior disciplinary record and his failure after the prior misconduct to take appropriate corrective steps, we are unpersuaded that the penalty is inappropriate under the applicable highly deferential standard of review (see Matter of Ostad v New York State Dept. of Health, 40 AD3d 1251, 1253 [2007]; Matter of Lucas v Novello, 296 AD2d 735, 735-736 [2002]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Coffey v. CRP/Extell Parcel I, L.P. neutral
ny · 2014
2 sentences

2021We reject plaintiff's contention that he was not afforded a full and fair opportunity to litigate before HHS because appellate review was limited to an arbitrary and capricious standard rather than a full review on the merits ( see Johnson v New York City Dept. of Educ. , 2011 WL 13300034 , *3, 2011 US Dist LEXIS 172308 *10-11 [ED NY Apr. 22, 2011, No. 08-CV-5260 (ENV)(LB)]).Indeed, New York courts give preclusive effect to agency determinations confirmed in CPLR article 78 proceedings employing the same highly deferential standard ( see CPLR 7803[3]; Coffey v CRP/Extell Parcel I, L.P. , 117 A

2021We reject plaintiff's contention that he was not afforded a full and fair opportunity to litigate before HHS because appellate review was limited to an arbitrary and capricious standard rather than a full review on the merits ( see Johnson v New York City Dept. of Educ. , 2011 WL 13300034 , *3, 2011 US Dist LEXIS 172308 *10-11 [ED NY Apr. 22, 2011, No. 08-CV-5260 (ENV)(LB)]).Indeed, New York courts give preclusive effect to agency determinations confirmed in CPLR article 78 proceedings employing the same highly deferential standard ( see CPLR 7803[3]; Coffey v CRP/Extell Parcel I, L.P. , 117 A

22021–2021
Coffey v. CRP/Extell Parcel I, L.P. neutral
nyappdiv · 2014
2 sentences

2021We reject plaintiff's contention that he was not afforded a full and fair opportunity to litigate before HHS because appellate review was limited to an arbitrary and capricious standard rather than a full review on the merits ( see Johnson v New York City Dept. of Educ. , 2011 WL 13300034 , *3, 2011 US Dist LEXIS 172308 *10-11 [ED NY Apr. 22, 2011, No. 08-CV-5260 (ENV)(LB)]).Indeed, New York courts give preclusive effect to agency determinations confirmed in CPLR article 78 proceedings employing the same highly deferential standard ( see CPLR 7803[3]; Coffey v CRP/Extell Parcel I, L.P. , 117 A

2021We reject plaintiff's contention that he was not afforded a full and fair opportunity to litigate before HHS because appellate review was limited to an arbitrary and capricious standard rather than a full review on the merits ( see Johnson v New York City Dept. of Educ. , 2011 WL 13300034 , *3, 2011 US Dist LEXIS 172308 *10-11 [ED NY Apr. 22, 2011, No. 08-CV-5260 (ENV)(LB)]).Indeed, New York courts give preclusive effect to agency determinations confirmed in CPLR article 78 proceedings employing the same highly deferential standard ( see CPLR 7803[3]; Coffey v CRP/Extell Parcel I, L.P. , 117 A

22021–2021
Cove v. Sise green
ny · 1988
1 sentence

2008Constrained by the highly deferential standard of review that we must accord to the Division’s determinations (see Cove v Sise, 71 NY2d at 912 ; Matter of Civil Serv.

12008–2008

Where else courts name it

TX 289 (1997–2026) IN 172 (2001–2025) OH 114 (2000–2026) PA 103 (2004–2026) NJ 84 (1996–2026) CA 72 (1984–2026) MS 40 (1991–2026) IL 34 (2011–2026) VA 29 (2011–2026) WI 27 (1997–2026) VT 27 (1993–2026) FL 25 (1993–2023) MI 22 (2000–2026) MD 20 (1995–2024) WA 17 (2009–2024) CT 16 (1999–2025) VI 13 (2011–2024) MA 13 (1997–2026) UT 13 (2007–2026) CO 11 (2002–2025) NM 9 (2004–2026) AL 9 (1996–2016) ME 9 (1983–2018) SC 9 (2008–2021) DE 8 (2002–2025) KY 8 (2008–2026) WV 8 (1995–2026) KS 7 (2010–2025) NY 7 (2008–2021) IA 6 (1994–2023) ND 6 (2008–2026) TN 5 (2000–2025) NC 5 (2014–2025) OR 4 (2012–2025) NE 4 (2025–2026) GA 3 (2020–2025) OK 3 (2003–2015) AK 3 (1995–2022) RI 2 (2013–2025)

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.

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