Cooke Center for Learning and Development v. Mills, 19 A.D.3d 834, 797 N.Y.S.2d 173 (3d Dep't 2005). Upheld as rational Dept. of Education's interpretation of its regulations to mandate that disabled school children be educated, if possible, in their local public schools.
New York State Ass'n of Nurse Anesthetists v. Novello, 2 N.Y.2d 207, 810 N.E.2d 405, 778 N.Y.S.2d 123 (2004).Successfully defended Dept. of Health Guidelines for Office Based Surgery against claim that they would operate as regulations and therefore were not lawfully promulgated.
Madison-Oneida Board of Coop. Educ. Servs. v. Mills, 4 N.Y.3d 51, 823 N.E.2d 1265, 790 N.Y.S.2d 619 (2004).Upheld the Commissioner of Education's interpretation of the Education Law to give seniority protection to tenured teaching assistants.
New York State Ass'n of Cemeteries, Inc. v. Fishman, 2004 WL 2712405 (2d Cir. 2004). Upheld constitutionality of state statute prohibiting combinations of for-profit funeral entities and not-for-profit cemeteries to protect the long-term viability of the cemeteries and to protect consumers from unfair practices.
Employment Relations Board v. Christ the King Reg'l High School, 217 A.D.2d 701, 630 N.Y.S.2d 333 (2d Dep't 1995).Upheld the constitutionality of applying the State Labor Relations Act to the lay teachers at church-affiliated schools.
New York State Society of Surgeons v. Axelrod, 77 N.Y.2d 677, 572 N.E.2d 605, 569 N.Y.S.2d 922 (1991).Upheld the Commissioner of Health's decision not to add HIV infection to the lists of communicable and sexually transmissible diseases and, thereby, not to have mandatory testing or contact tracing for HIV infection.
State of New York v. Sullivan, 906 F.2d 910 (2d Cir. 1990).Affirmative class action invalidating the Social Security Administration's policy of relying exclusively on the treadmill exercise test in determining disability due to ischemic heart disease. Class-wide relief was granted entitling class members to retroactive disability benefits totaling more than $65 million and saving New York's state and local governments approximately $11 million per year.
Mullen v. Axelrod, 74 N.Y.2d 580, 549 N.E.2d 144, 549 N.Y.S.2d 953 (1989).Upheld the Commissioner of Health's discretion to determine whether to proceed with disciplinary action against nursing home employees.
City of New York v. New St. Mark's Baths, 122 A.D.2d 747, 505 N.Y.S.2d 1015 (1st Dep't 1986),appeal dismissed, 70 N.Y.2d 693, 512 N.E.2d 555, 518 N.Y.S.2d 1029 (1987).Upheld the constitutionality of the state health regulation authorizing the closure of establishments where "high risk sexual activity" is taking place.
Catholic High School Ass'n v. Culvert, 753 F.2d 1161 (2d Cir. 1985).Landmark decision upholding the constitutionality of applying the State Labor Relations Act to lay teachers at church-operated schools.
General Camera Corp. v. Urban Dev. Corp., 734 F.2d 468 (2d Cir. 1984).Upheld granting attorney's fees to the state under 42 U.S.C. Section 1988 for having to defend frivolous lawsuits.
Sheepshead Nursing Home v. Heckler, 595 F. Supp. 992 (S.D.N.Y. 1984).Upheld the termination of Medicaid and Medicare payments to a nursing home based on the inadequate care and treatment given to the patients.
New York State Optometric Ass'n v. Blum, 92 A.D.2d 526, 460 N.Y.S.2d 482 (1st Dep't 1983).Dismissed Article 78 proceeding challenging fifteen year old Medicaid fee schedule applied to optometrists.
Committee to Abolish Sport Hunting, Inc. v. Palisades Interstate Park Comm'n, 84 A.D.2d 798, 444 N.Y.S.2d 161 (2d Dep't 1981).Upheld legality of deer hunt conducted for environmental reasons in Harriman State Park.