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Legal Opinion

Garofano v. United States Trotting Ass'n

New York Supreme Court

Decided January 29, 1974PublishedCited by 9 opinions

1Opinion of the CourtBertram Harnett, J.

Amidst a variety of procedural arid jurisdictional contentions, here lies a sophisticated legal point. Under certain circumstances, article 78 proceedings are to be transferred directly from the Supreme Court to the Appellate Division. Little authority and much confusion govern the circumstance of transferability.

This opinion reflects the notion that the article 78 review of a recorded administrative hearing is to be. transferred to the Appellate Division where the hearing was essentially j'udicial in nature and the legal direction which impelled it was found both in the by-laws of a…

2Cases cited13 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  3. Ryan v. Hofstra UniversityNew York Supreme Court · 1971
  4. Auer v. DresselNew York Court of Appeals · 1954
  5. Kaplan v. KinzlerNew York Supreme Court · 1974

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-CvCourt of Appeals for the Second Circuit · 2007
  2. Padilla v. RumsfeldCourt of Appeals for the Second Circuit · 2003
  3. United States v. American Society of Composers, Authors & PublishersDistrict Court, S.D. New York · 1989
  4. O'Brien v. Barnes Building Co.New York Supreme Court · 1974
  5. Museum v. American Ass'n of MuseumsNew York Supreme Court · 1982

4 more not listed; retrieve them via the Exa API.

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