New York Court of Appeals Upholds Adult Home Admission Regulations
New York Department of Health (DOH) regulations provide that an adult home may not admit additional residents with serious mental illness if it has a capacity of 80 or more beds and its resident population is over 25% persons with serious mental illness. In Oceanview Home for Adults, Inc. v. Zucker, the New York Court of Appeals held that these regulations do not facially discriminate against persons with disabilities.
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability. This includes the rules governing trial and trial preparation (Rules 25-33), which are important enough to merit their own, separate Preamble.
Crypto Collectibles: Meme Coins Deemed Not Securities by SEC Staff
According to crypto platform Kraken, the aggregate market cap for all meme coins is over $70 billion. Five meme coins would be considered unicorns (market cap over $1 billion) if they were startups. Dogecoin’s market cap is $35 billion. Social media influencers, celebrities and high-profile politicians have either launched their own meme coin or endorsed others, including Caitlyn Jenner (JENNER), Iggy Azalea (MOTHER) and Donald Trump (MAGA). Meme coins are not backed by any real-world assets, not even virtual assets. In fact, many meme coins originate as internet jokes.
Hybrid Highlights: Avoiding the Pitfalls of a Land Use Litigation Technique
All civil judicial proceedings must be in the form of an action – unless otherwise authorized by statute, i.e. in the form of a special proceeding (see CPLR 103[b]). While most lawsuits are brought solely in the form of either a “special proceeding” or an “action,” land use litigants frequently combine the two into a “hybrid proceeding-action.” In the land use context, special proceedings are commonly brought pursuant to CPLR Article 78 to challenge the determinations of local bodies or officers, and litigants will often simultaneously bring an action to assert one or more plenary claims for, among other things, declaratory relief.
Opinions by the Court of Appeals, New York’s highest court, construing the state’s LLC Law enacted 30 years ago are almost but not quite as rare as hen’s teeth. The great majority of important rulings under the statute emanate from our intermediate appellate courts known as the Appellate Division.
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