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Legal Opinion

Puchalski v. Depew Union Free School District

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 2014Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J), entered May 9, 2013 in a proceeding pursuant to CPLR article 75. The order, among other things, granted respondents’ motion to dismiss the petition.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: In this proceeding pursuant to CPLR article 75, petitioner appeals from an order that granted respondents’ pre-answer motion to dismiss the petition. Although we agree with petitioner that Supreme Court erred in dismissing the petition as time-barred, we conclude that the court…

2Cases cited8 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
  3. Malta Town Centre I, Ltd. v. Town of Malta Board of Assessment ReviewNew York Court of Appeals · 2004
  4. New York State Psychiatric Ass'n v. New York State Department of HealthNew York Court of Appeals · 2012
  5. New Yorkers for Constitutional Freedoms v. New York State SenateAppellate Division of the Supreme Court of the State of New York · 2012

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