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Leslie E. Carr, et al. v. New York Division of Housing & Community Renewal, et al.

Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2022-03606, 2023-00250 · judgment June 6, 2023


Certiorari denied · February 24, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether, under proper application of Loper Bright Enterprises v. Raimondo, state courts should no longer mechanically defer to a state administrative agency’s interpretation of a state statute, especially when the agency’s interpretation violates a petitioners’ Fifth and Fourteenth Amendment rights to due process and their Fourteenth Amendment rights to equal protection under the law?

Counsel of record

For petitioner
Harry A. Levy

For respondent
Jillian Bittner
Horing Welikson Rosen & Digrugillers PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Feb 05 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Jan 23 2025
    Waiver of right of respondent New York Division of Housing & Community Renewal to respond filed.
  4. Jan 13 2025
    Waiver of right of respondent Regina Metropolitan Co., LLC to respond filed.
  5. Dec 13 2024
    Petition for a writ of certiorari filed. (Response due January 29, 2025)