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Tag Archives: Article 78

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 Article 78 proceeding challenging the authority of the Buffalo Fiscal ...

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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 scheme to defraud and practicing law by an attorney who ...

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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 determination of conviction for violating the municipal code for the ...

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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 finding him in violation of the Municipal Code of the ...

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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 sought to expand a landfill located in the town of ...

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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 78 proceeding seeking to annul a determination that calculated its ...

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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 petitioner fire district and sought benefits for injuries he had ...

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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 ...

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