EMMERLING, CRAIG J. v. TOWN OF RICHMOND

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 897 TP 11-00294 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ. IN THE MATTER OF CRAIG J. EMMERLING, PETITIONER, V MEMORANDUM AND ORDER TOWN OF RICHMOND, RESPONDENT. CHRISTINA A. AGOLA, PLLC, ROCHESTER (CHRISTINA A. AGOLA OF COUNSEL), FOR PETITIONER. KENYON & KENYON LAW FIRM, CANANDAIGUA (EDWARD C. KENYON OF COUNSEL), FOR RESPONDENT. Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme…