Docket No. 99-9173 August Term, 1999’s Empirical Analysis

Citation profile

15 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[U]nless state law clearly bars the interposition of the constitutional [or federal] claims,” and “so long as there is no showing of bad faith, harassment, or some other extraordinary circumstance that would make abstention inappropriate, the federal courts should abstain.” Middlesex County Ethics Comm. v. Garden State Bar Ass’n., 457 U.S. 423, 432, 435 , 102 S.Ct. 2515 , 73 L.Ed.2d 116 (1982). Younger itself explained that exceptions to abstention should be made only on a “showing of bad faith, harassment, or ... other unusual circum stance.” Younger, 401 U.S. at 54 ; 91 S.Ct. 746 .”

   5 later decisions quote this exact passage · from the majority
   e.g. Pathways, Inc. v. Dunne · Dorsett-Felicelli, Inc. v. County of Clinton

2. “[w]hen money damages, as opposed to equitable relief, are sought, it is less likely that unacceptable interference with the ongoing state proceeding, the evil against which Younger seeks to guard, would result from the federal court's exercise of jurisdiction.”

   3 later decisions quote this exact passage · from the majority
   e.g. 137 F. Supp. 2d 98 - Van Patten v. City of Binghamton · 703 F. Supp. 2d 126 - Conte v. Newsday, Inc.

3. “commissioner may adopt regulations necessary to carry out the provisions of this title ....” Those promulgated regulations appear in the New York Codes, Rules and Regulations in Title 10, as will be cited below. 3 . The sessions were actually transferred to Teddy Bear Child Care, Inc. ("Teddy Bear”). The referral to Teddy Bear was made because North Country Kids could not receive approval as a PSE program and SEIT service provider, as the New York State Department of Education ruled that there was no unmet need in the County, thereby eliminating the need for another service provider. Therefore, the session hours were transferred to Teddy Bear, as Teddy Bear it is the only other PSE service provider in Clinton County. Teddy Bear in turn subcontracted the session hours to North Country Kids. Teddy Bear is not a party to this action because Pyramids admitted in the order to show cause hearing that it has no evidence of any illegal motive on Teddy Bear’s part in taking the transferred session hours. 4 . Even though the Article 78 petition has been addressed and dismissed by the Supreme Court, there is still an on-going state proceeding. "[A] would-be plaintiff who has been subjected to a state proceeding which he seeks to challenge in federal court must first exhaust all available state appellate remedies ....”

   2 later decisions quote this exact passage · from the majority
   e.g. 349 F. Supp. 2d 355 - DORSETT-FELICELLI, INC. v. County of Clinton · 164 F. Supp. 2d 406 - Wang v. Pataki