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Fourth Department — Article 78: Aarisma v. Bender
Appellate Division, Fourth Department Article 78 Frivolous Aarisma v. Bender OP 12-02197 Initiated in the Fourth Judicial Department Background: The petitioner commenced an article 78 proceeding seeking to compel the […]
Fourth Department — Article 78:
Appellate Division, Fourth Department Article 78 Res Judicata Buffalo Professional Firefighters Assoc. v. Buffalo Fiscal Stability Authority CA 12-02126 Appealed from Supreme Court, Erie County Background: The petitioner commenced an […]
Fourth Department — Article 78: Dale v. Hon. Christopher J. Burns, et al.
Appellate Division, Fourth Department Article 78 Double Jeopardy Dale v. Hon. Christopher J. Burns, et al. OP 12-01459 Appellate Division Background: The petitioner had pled guilty to one count of […]
Fourth Department — Article 78: Cappon v. Carballada
Appellate Division, Fourth Department Article 78 Substantial Evidence Cappon v. Carballada TP 11-01912 Transferred from Supreme Court, Monroe County Background: The petitioner brought an Article 78 proceeding to review a […]
Fourth Department — Article 78: Cappon v. Carballada
Appellate Division, Fourth Department Article 78 Transfer — Substantial Evidentiary Issue Cappon v. Carballada TP 11-01912 Transferred from Supreme Court, Monroe County Background: The petitioner sought to annul a determination […]
Fourth Department — Article 78: Robida v. Ziemba
Appellate Division, Fourth Department Article 78 Statute of Limitations — Town Law Robida v. Ziemba CA 11-00962 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 […]
Empire Zone: Greece Town Mall LP v. Dennis Mullen
Appellate Division, Fourth Department Empire Zone Article 78 — Statute of Limitations Greece Town Mall LP v. Dennis Mullen CA 11-00471 Appealed from Supreme Court, Monroe County Background: The plaintiff […]
Environmental Impact: Preserve Scenic Perinton Alliance Inc. v Porter, et al.
New York State Supreme Court, Monroe County Environmental Impact Article 78 Preserve Scenic Perinton Alliance Inc. v Porter, et al. 2008/13911 Justice Ark Background: The defendant Waste Management of New York […]
Medicaid Reimbursement: Sisters of Charity Hospital v. Daines, MD et al.
Appellate Division, Fourth Department Medicaid Reimbursement Article 78 Sisters of Charity Hospital v. Daines, MD et al. CA 10-02018 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article […]
Article 78: Ridge Road Fire District v. Schiano, et al.
New York State Supreme Court, Monroe County Article 78 Substantial Evidence Ridge Road Fire District v. Schiano, et al. 2006/02089 Justice Frazee Background: The respondent firefighter was employed by the […]
Article 78: Camardo v. City of Auburn, New York
Supreme Court, Monroe County Article 78 SEQRA Camardo v. City of Auburn, New York 2011-0259 Justice Valentino Background: The petitioner sought a judgment pursuant to CPLR Art. 78 against respondent […]
Wind cases blowing forward
Separate cases involving a wind turbine project in two Finger Lakes communities are moving ahead. Monroe County Supreme Court Justice John J. Ark on Wednesday denied the Town of Italy’s request to dismiss an Article 78 petition ...
Case Digests
- Fourth Department – Reformation of lease: Laun v. Stewart
- Fourth Department – Medical malpractice: Hutchins v. Mestad
- Fourth Department – Peremptory challenges: People v. Jones
- Fourth Department – Assault and imprisonment: People v. Heffernan
- Second Circuit – Miranda: United States v. Pence
- Fourth Department – Relation-back doctrine: Hagerty v. Klein
- Fourth Department – CPL 440 motion: People v. Dennis
- Second Circuit – Seizure of property: Campbell v. Broome County
- Fourth Department – Breach of contract: Fogel v. Kaleida Health
- Western District Case Notes
- Fourth Department – Child custody: Cheung v. Tran
Law News
- Clients reimbursed $7.6M for lawyers’ wrongdoing in NY
- NY Court of Appeals reverses convictions on speedy trial grounds
- NY Court of appeals reverses arson conviction over illegal arrest
- NY judicial watchdog recommends removing judge
- Judge dismisses traffic tickets and criticizes lower court personnel
- Ithaca woman gets prison time for fatal crash that killed Millport man
- UPS claims NY fees and penalties are unconstitutional
- NY Court of Appeals to review judge’s potential ouster
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