Articles Posted in Government & Administrative Law

by
The Court of Appeals reversed the decision of the Appellate Division affirming the decision of Supreme Court annulling the decision of the New York City Landmarks Preservation Commission (LPC) to approve the redevelopment of 346 Broadway, a historic building that the LPC previously designated as a landmark, holding that the LPC's decision was not irrational or affected by errors of law. If an application seeks to alter or demolish a landmark, the LPC must issue a certificate of appropriateness (COA) before the proposed work can begin. In this case, a developer seeking to convert the 346 Broadway into private residences sought a COA from the LPC. The LPC approved the proposal. Supreme Court annulled the COA, The Appellate Division affirmed. The Court of Appeals reversed, holding that the Appellate Division erred in concluding that the LPC acted with "no rational basis" and that the LPC's decisions were not affected by an error of law. View "Save America's Clocks, Inc. v City of New York" on Justia Law

by
In these joint appeals from putative class actions, the Supreme Court reversed the orders of the Appellate Division rejecting the New York State Department of Labor's (DOL) interpretation of the DOL's Miscellaneous Industries and Occupations Minimum Wage Order (Wage Order), holding that DOL's interpretation of its Wage Order did not conflict with the promulgated language, nor did DOL adopt on irrational or unreasonable construction. Under the Wage Order, an employer must pay its home health care aid employees for each hour of a twenty-four-hour shift. At issue in this case was DOL's interpretation of its Wage Order to require payment for at least thirteen hours of a twenty-four-hour shift if the employee is allowed a sleep break of at least eight hours and actually receives five hours of uninterrupted sleep and three hours of meal break time. Supreme Court refused to adopt DOL's interpretation and determined that class certification was appropriate. The Appellate Division affirmed, concluding that DOL's interpretation was neither rational nor reasonable because it conflicted with the plain language of the Wage Order. The Court of Appeals reversed, holding that the Appellate Division failed to afford adequate deference to DOL's interpretation of the Wage Order. View "Andryeyeva v. New York Health Care, Inc." on Justia Law

by
The Court of Appeals held that the determination of the New York State Authorities Budget Office (ABO) denying the request of Petitioners - Madison County Industrial Development Agency (MCIDA) and Madison Grant Facilitation Corporation (MGFC) - to file consolidated audit reports was not irrational, arbitrary and capricious, or contrary to law. ABO informed MCFC that it must comply with the reporting requirements of the Public Authorities Accountability Act (PAAA) as a corporation legally affiliated with MCIDA, an industrial development agency (IDA) and a “local authority” subject to the PAAA. MCIDA asked that the ABO treat MGFC as its subsidiary and allow the two entities to file consolidated reports. The ABO denied MCIDA’s request after the Attorney General issued a formal opinion concluding that an IDA is not authorized to create a subsidiary. Petitioners then commenced this N.Y. C.P.L.R. 78 proceeding challenging the ABO’s determination. The Court of Appeals affirmed, holding that the ABO’s narrow record-keeping determination was not contrary to law, nor was it irrational or arbitrary and capricious. View "Madison County Industrial Development Agency v. State Authorities Budget Office" on Justia Law

by
The Court of Appeals held that N.Y. Mental Hyg. Law 33.13, which protects the confidentiality of the clinical records of patients and clients as maintained by facilities licensed or operated by the Office of Mental Health or the Office for People with Developmental Disabilities, does not require automatic sealing of the entire court record of all proceedings involving insanity acquittees who have dangerous mental disorders within the meaning of N.Y. Crim. Proc. Law (CPL) 330.20. Defendant, an insanity acquittee, was found to have a dangerous mental disorder as defined by CPL 330.20(1)(c) and was committed to the custody of the Commissioner for the Office for People with Developmental Disabilities. Supreme Court denied Defendant’s motion to seal the entire court record in his case, finding that the documents related to the legal proceedings rather than Defendant’s treatment. The Appellate Division modified. The Court of Appeals affirmed, holding that the legislature provided no automatic sealing requirement of an entire court record in either CPL 330.20 or the Mental Hygiene Law for an insanity acquittee, and Defendant cited no authority for such an obligation. View "In re James Q." on Justia Law

by
The Court of Appeals affirmed the decision of the Appellate Division affirming the decision of the Workers’ Compensation Board that Claimant was entitled to 275 weeks of additional compensation due to an arm he received during the course of his employment under Workers’ Compensation Law WCL 15(3)(v) (paragraph v), holding that awards for additional compensation are not subject to the durational limits contained in WCL 15(3)(w) (paragraph w). Paragraph v permits certain permanently partially disabled workers who have exhausted their schedule awards to apply for additional compensation. Claimant did just that and was awarded additional compensation. On appeal, Claimant argued that paragraph v incorporates only paragraph w’s formula for calculating the weekly payment amount and not paragraph w’s durational component setting forth the number of weeks that sum is paid. The Court of Appeals disagreed and affirmed, holding that under the plain language of paragraph v, additional compensation awards are calculated pursuant to the formula and durational provisions of paragraph w. View "Mancini v. Services" on Justia Law

by
The Court of Appeals concluded that the Appellate Division erred in holding that the Department of Corrections and Community Supervision (DOCCS) had an obligation to provide sex offenders residing in a residential treatment facility (RTF) with substantial assistance in identifying appropriate housing, holding that the agency met its statutory obligation to assist Petitioner in this case. The Board of Parole imposed a special condition on Petitioner’s release requiring him to propose an appropriate Sexual Assault Reform Act (SARA)-compliant residence to be investigated and approved by DOCCS. Because Petitioner was unable to identify a suitable residence by his maximum expiration date, the Board of Parole imposed the condition that Petitioner be transferred to a RTF. Petitioner commenced this N.Y. C.P.L.R. 78 proceeding asserting that DOCCS failed to provide him with assistance in locating housing. The Appellate Court concluded that DOCCS had an affirmative statutory obligation to provide “substantial assistance” to inmates who have been placed in an RTF and who are subject to the mandatory residency restrictions in SARA in locating appropriate housing and that DOCCS failed to satisfy its statutory duty to Petitioner. The Court of Appeals modified the order of the Appellate Division, holding that the Appellate Division erred in imposing a heightened duty of substantial assistance on DOCCS. View "Gonzalez v. Annucci" on Justia Law

by
In this challenge to certain regulations promulgated by the Department of Health (DOH) on separation of powers grounds, the Court of Appeals affirmed the order of the Appellate Division holding that two of the challenged regulations fell within the agency’s regulatory authority but that a third was promulgated in excess of the agency’s delegated powers. The regulations at issue limited executive compensation and administrative expenditures by certain healthcare providers receiving state funds. Supreme Court declared that two regulations did not violate the separation of powers doctrine and were not arbitrary and capricious but that the third regulation was invalid. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the third regulation was promulgated in excess of DOH’s administrative authority but that Petitioners’ challenges to the other two regulations were properly rejected. View "LeadingAge N.Y., Inc. v. Shah" on Justia Law

by
In this case concerning the interpretation of New York’s constitutional prevailing wage requirement, the Court of Appeals upheld the New York State Department of Labor’s statute-based policy limiting the payment of apprentice wages on public work projects to apprentices who are performing tasks within the respective trade classifications of the approved apprenticeship programs in which they are enrolled, holding that the Department’s interpretation of the relevant statute was rational. Plaintiffs brought this declaratory judgment action asserting that the Department’s interpretation of N.Y. Labor Law 220(3-3) violates the plain meaning of the law and that the statute permits contractors on public works to pay apprentices the posted apprentice rates provided that they are registered in any Department-certified apprenticeship program. Supreme Court granted summary judgment for Defendants, concluding that the Department’s analysis was an arbitrary and irrational interpretation of the statute. The Appellate Division reversed. The Court of Appeals reversed, holding that the Department’s interpretation of the statute was eminently reasonable. View "International Union of Painters & Allied Trades, District Council No. 4 v. New York State Department of Labor" on Justia Law

by
The New York City Board of Health’s promulgation of the flu vaccine falls within the powers specifically delegated to the New York City Department of Health and Mental Hygiene in New York City Administrative Code 17-109. At issue was the Board’s amendments to the New York City Health Code mandating that children between the ages of six months and fifty-nine months who attend city-regulated child care or school-based programs receive annual influenza vaccinations. Petitioners - parents of children enrolled in child care programs subject to the flu vaccine rules who objected to their children receiving the vaccination - commenced this hybrid N.Y. C.P.L.R. 78 proceeding and declaratory judgment action to enjoin Respondents from enforcing the flu vaccine rules. Supreme Court granted Petitioners’ motion and permanently enjoined Respondents from enforcing the flu vaccine rules. The Appellate Division affirmed. The Court of Appeals reversed, holding (1) the Board permissibly adopted the flu vaccine rules pursuant to its authority to regulate vaccinations; (2) the Board’s actions did not violate the separation of powers doctrine; and (3) the flu vaccine rules are not preempted by state law. View "Garcia v. New York City Department of Health & Mental Hygiene" on Justia Law

by
The determination of the New York State Division of Housing and Community Renewal (DHCR) that income reported on a joint tax return filed on behalf of an occupant and non-occupant of a housing accommodation may not be apportioned to determine the occupant’s individual annual income for purposes of ascertaining if the deregulation income threshold has been met was rational and does not run counter to the language of the Rent Regulation Reform Act of 1993. Petitioner, the owner of the building where Respondent was a tenant of the subject rent-controlled apartment, served a tenant and her husband with an income certification form (ICF) pursuant to New York City Rent Control Law. When they did not respond, Petitioner filed a petition with the Division of Housing and Community Renewal (DHCR) to verify whether the total annual income of the occupants exceeded the deregulation income threshold for the two years preceding the filing of the ICF. DHCR denied Petitioner’s petition for deregulation. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the income of the tenant’s husband was properly excluded from the calculation of total annual income because he was not an occupant of the housing accommodation when the ICF was served. View "Matter of Brookford, LLC v. New York State Division of Housing & Community Renewal" on Justia Law