MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of Health
Cases that cite this one
104 later published cases cite this decision. The 25 that cite it most often are listed here.
- Cubas v. Martinez (N.Y. 2007)
- Speyer v. Barry (D.C. 1991)
- Boundless Energy NE, LLC v. Public Service Commission (New York Supreme Court 2017)
- 9th & 10th Street L.L.C. v. Board of Standards & Appeals (Appellate Division of the Supreme Court of New York 2007)
- Missry v. Ehlich (Civil Court of the City of New York 2003)
- McFarlane v. New York City Housing Authority (New York Supreme Court 2003)
- Abdil v. Martinez (New York Supreme Court 2002)
- Alca Industries, Inc. v. Delaney (N.Y. 1999)
- New York City Transit Authority v. New York State Department of Labor (N.Y. 1996)
- Matter of Energy Ass'n v. Public Service Commission (New York Supreme Court 1996)
- Rubin v. New York State Education Department (Appellate Division of the Supreme Court of New York 1994)
- De Zimm v. New York State Board of Parole (Appellate Division of the Supreme Court of New York 1988)
- Amsterdam Nursing Home Corp. v. Axelrod (Appellate Division of the Supreme Court of New York 1988)
- Guptill Holding Corp. v. Williams (Appellate Division of the Supreme Court of New York 1988)
- Tenenbaum v. Axelrod (Appellate Division of the Supreme Court of New York 1987)
- Stuyvesant Polyclinic v. Axelrod (Appellate Division of the Supreme Court of New York 1986)
- Leichter v. Barber (Appellate Division of the Supreme Court of New York 1986)
- Matter of Evercare Choice, Inc. v. Zucker (Appellate Division of the Supreme Court of New York 2023)
- Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin. (Appellate Division of the Supreme Court of New York 2022)
- Lilya Andryeyeva v. New York Health Care , Adriana Moreno v. Future Care Health Services (N.Y. 2019)
- Matter of Adirondack Wild: Friends of The Forest Preserve v. New York State Adirondack Park Agency (Appellate Division of the Supreme Court of New York 2018)
- GKK 2 Herald LLC v. City of New York Tax Appeals Tribunal (Appellate Division of the Supreme Court of New York 2017)
- Plainview-Old Bethpage Congress of Teachers v. New York State Health Insurance Plan (Appellate Division of the Supreme Court of New York 2016)
- Plainview-Old Bethpage Congress of Teachers v. New York State Health Insurance Plan (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the petition dismissed.
We assume, without deciding, that petitioners had standing to bring this proceeding (Association of Contr. Plumbers v Fruchtman, 64 NY2d 808, 810; Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs., 63 NY2d 100, 104; Jainchill v Citibank, 62 NY2d 739, 740). On the merits, however, we agree with Justice Howard A. Levine, the dissenter at the Appellate Division, that only a fixed, general principle to be applied by an administrative agency without regard to other facts and circumstances relevant to the regulatory scheme of the statute it administers constitutes a rule or regulation required by NY Constitution, article IV, § 8 to be filed in the office of the Department of State. We agree also, for the reasons stated by the dissenting Justice (109 AD2d, at p 148), that the 50% guideline employed by the Department of Health in passing on the applications involved in the present proceeding did not constitute and was not applied as such a rule, and in view of that conclusion do not reach the constitutional arguments presented by the intervener and amici.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.