Legal Opinion
Bynoe v. Riverside Church
New York Supreme Court
Decided August 22, 2006PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard F. Braun, J.
This is a CPLR article 78 proceeding. Respondent moves to dismiss the petition, pursuant to CPLR 3211 (a) (1) and (7) and 7804 (f).
CPLR 7804 (f) provides that a respondent in an article 78 proceeding may move to dismiss the petition based on an objection in point of law. Such an objection is not defined by statute, but the grounds set forth in CPLR 3211 (a) are such objections (Matter of Hull-Hazard, Inc. v Roberts, 129 AD2d 348, 350 [3d Dept 1987], affd for reasons stated below 72 NY2d 900 [1988]; see Matter of Wayering v County of St. Lawrence, 140…
2Cases cited12 opinions
- Pauk v. Board of TrusteesNew York Court of Appeals · 1986
- Hull-Hazard, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1987
- Hull-Hazard, Inc. v. RobertsNew York Court of Appeals · 1988
- Rector v. Committee to Preserve St. Bartholomew's Church, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Wayering v. County of St. LawrenceAppellate Division of the Supreme Court of the State of New York · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dominguez v. ReardonNew York Supreme Court · 2007
- In re Midway Jewish CenterNew York Supreme Court · 2007
- Selby v. StewartNew York Supreme Court · 2008