Supreme Court of the United States · Official docket →
George Kralik v. New York City Department of Housing Preservation & Development, et al.
Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2023-01324 · judgment January 11, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Should an administrative agency’s refusal to act on a tenant’s succession application for many years and its failure to give the tenant a hearing on his succession claim be reversed because it violates the tenant’s right to a trial or jury trial under this court’s ruling in SEC v. Tarkesy, 144 S.Ct. 2117, 219 L.Ed.2d 650 (2023)?
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Should the courts below have exercised their independent judgment in deciding whether an agency acted within its statutory authority – as this Court required in its ruling in Loper Bright Enterprises v. Raimondo, 144 S.Ct. 224, 219 L. Ed 2d 832 (2024)?
Counsel of record
For petitioner
Yoram Silagy
Vernon & Ginsburg, LLP
For respondent
Douglas A. Kellner
Kellner Herlihy Getty & Friedman LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 18 2024Petition DENIED.
- Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
- Oct 16 2024Waiver of right of respondents New York City Department of Housing Preservation and Development to respond filed.
- Oct 15 2024Waiver of right of respondent Tri-Faith Housing Company, Inc. to respond filed.
- Sep 18 2024Petition for a writ of certiorari filed. (Response due November 12, 2024)