Bethelite Community Church v. Department of Environmental Protection
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Kickertz v. New York University (Appellate Division of the Supreme Court of New York 2012)
- Kickertz v. New York University (Appellate Division of the Supreme Court of New York 2012)
- Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Public Empl. Relations Bd. of the State of N.Y. (Appellate Division of the Supreme Court of New York 2023)
- COR ROUTE 5 COMPANY, LLC v. VILLAGE OF FAYETTEVILLE (Appellate Division of the Supreme Court of New York 2017)
- Matter of Curlin v. Clove Lane Homeowners Assn., Inc. (Appellate Division of the Supreme Court of New York 2017)
- Cor Route 5 Co. v. Village of Fayetteville (Appellate Division of the Supreme Court of New York 2017)
- Cor Route 5 Co. v. Village of Fayetteville (Appellate Division of the Supreme Court of New York 2017)
- Riverso v. New York State Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 2015)
- Chestnut Ridge Associates, LLC v. 30 Sephar Lane, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Clavin v. Mitchell (Appellate Division of the Supreme Court of New York 2015)
- MatterofJusticevEvans (Appellate Division of the Supreme Court of New York 2014)
- Justice v. Evans (Appellate Division of the Supreme Court of New York 2014)
- Justice v. Evans (Appellate Division of the Supreme Court of New York 2014)
- S & R Development Estates, LLC v. Feiner (Appellate Division of the Supreme Court of New York 2013)
- S & R Development Estates, LLC v. Feiner (Appellate Division of the Supreme Court of New York 2013)
- Roff v. Green Hills of Glenham Condominium Ass'n (Appellate Division of the Supreme Court of New York 2012)
- Roff v. Green Hills of Glenham Condominium Ass'n (Appellate Division of the Supreme Court of New York 2012)
- Rizvi v. New York College of Osteopathic Medicine of New York Institute of Technology (Appellate Division of the Supreme Court of New York 2012)
- Bill's Towing Service, Inc. v. County of Nassau (Appellate Division of the Supreme Court of New York 2011)
- Brooklyn v. DEPT. OF ENVTL. PROTECTION (N.Y. 2008)
- Brooklyn Assembly Halls of Jehovah's Witnesses, Inc. v. Department of Environmental Protection (N.Y. 2008)
- Civil Service Employees Ass'n. v. Diana (Appellate Division of the Supreme Court of New York 2008)
- Posada v. New York State Department of Health (Appellate Division of the Supreme Court of New York 2008)
- Timmons v. Green (Appellate Division of the Supreme Court of New York 2008)
- Benedict v. Albany County (New York Supreme Court 2008)
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 of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.
Respondents do not now dispute the denial of their preanswer motion to dismiss the proceeding. They only challenge that Supreme Court proceeded to the merits without permitting them to submit an answer. Supreme Court erred in granting the petition without first affording respondents an opportunity to answer (see CLPR 7804 [f]; Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102-104 [1984]). Accordingly, this case must be remitted to Supreme Court to allow respondents to submit an answer and for further proceedings on the pleadings.
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.