Legal Opinion

Mitchell v. Essex County Sheriff's Department

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

Decided January 13, 2005PublishedCited by 3 opinions

1Opinion of the Court

Mercure, J.E Appeal from a judgment of the Supreme Court (Sise, J.), entered December 11, 2003 in Essex County, which, in a proceeding pursuant to CPLR article 78, inter alia, granted respondents’ motion to dismiss the petition.

A detailed recitation of the underlying facts of this matter is set forth in a prior decision of this Court (Matter of Mitchell v Essex County Sheriff's Dept., 302 AD2d 732 [2003], lv denied 100 NY2d 506 [2003]), in which we concluded that a CPLR article 78 proceeding seeking to compel respondents to comply with Civil Service Law § 72 and restore petitioner’s salary…

2Cases cited4 opinions

  1. Mitchell v. Essex County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2003
  2. Roenke v. State UniversityAppellate Division of the Supreme Court of the State of New York · 2001
  3. Armetta v. Town of BethelAppellate Division of the Supreme Court of the State of New York · 1999
  4. Pomakoy v. LombardoAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by3 opinions

  1. Chevron U.S.A. Inc. v. Commissioner of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011
  2. Chevron U.S.A. Inc. v. Commissioner of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011
  3. Mitchell v. County of EssexAppellate Division of the Supreme Court of the State of New York · 2005

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