Legal Opinion
Benjamin v. Town of Fenton
District Court, N.D. New York
Decided July 7, 1995No. 3:94-cv-01631PublishedCited by 6 opinions
1Opinion of the Court
DECISION AND ORDER
SCULLIN, District Judge.
INTRODUCTION
Presently before the Court are plaintiffs and defendants’ cross-motions for summary judgment arising out of an Article 78 petition filed in the New York State Supreme Court, Broome County. The Article 78 petition al leged various state procedural violations and also purported to allege federal and state Constitutional violations. Defendants’ removed the action to this Court based on federal question jurisdiction. 28 U.S.C. § 1441(b). Plaintiff later amended his petition to include a request for attorneys’ fees under 42 U.S.C. § 1988.
BACKGRO…
2Cases cited16 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Gregory v. AshcroftSupreme Court of the United States · 1991
- United States Railroad Retirement Board v. FritzSupreme Court of the United States · 1981
- Lowrance v. AchtylCourt of Appeals for the Second Circuit · 1994
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3Cited by6 opinions
- Petrosky v. New York State Department of Motor VehiclesDistrict Court, N.D. New York · 1999
- Kelch v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Corning Natural Gas Corp. v. Public Serv. Commn. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
- Taney v. Town of WaterlooAppellate Division of the Supreme Court of the State of New York · 1997
- Flaherty v. GiambraDistrict Court, W.D. New York · 2006
1 more not listed; retrieve them via the Exa API.