Fourth Department — Article 78: Cappon v. Carballada

Daily Record Staff//March 27, 2012//

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Appellate Division, Fourth Department

Transfer — Substantial Evidentiary Issue

Cappon v. Carballada
TP 11-01912
Transferred from Supreme Court, Monroe County

Background: The petitioner sought to annul a determination finding him in violation of the Municipal Code of the city of Rochester. On appeal the petitioner argued that there was no substantial evidence issue and should not have been transferred to the Appellate Division.

Ruling: The Appellate Division vacated and remitted the matter back to Supreme Court. The court held that the petition did not raise a substantial evidence issue. The petition alleged that the conviction of the alleged violation violated the petitioner’s rights under the Fourth Amendment of the U.S. Constitution, and therefore in violation of lawful procedure affected by an error of law and arbitrary and capricious.

Michael A. Burger of Santiago Burger Annechino LLP for the petitioner

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