Legal Opinion
Whitfield v. Bailey
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2012PublishedCited by 1 opinion
1Opinion of the Court
*492In the interest of justice, we nostra sponte grant petitioner leave to appeal from the aforesaid orders, which were “made in a proceeding against a body or officer pursuant to article 78” and therefore not appealable as of right (CPLR 5701 [b] [1]; see Matter of Peckham v Calogero, 54 AD3d 27, 30-31 [2008], affd 12 NY3d 424 [2009]).
Petitioner failed to show by clear and convincing evidence that respondent willfully and deliberately violated a “clear and unequivocal mandate” of the court (see Collins v Telcoa Inti. Corp., 86 AD3d 549, 550 [2011]). The September 2009 order directed respondent…
2Cases cited6 opinions
- Peckham v. CalogeroNew York Court of Appeals · 2009
- Peckham v. CalogeroAppellate Division of the Supreme Court of the State of New York · 2008
- Maddux v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2009
- Bostic v. StateAppellate Division of the Supreme Court of the State of New York · 1996
- Collins v. Telcoa International Corp.Appellate Division of the Supreme Court of the State of New York · 2011
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3Cited by1 opinion
- Storman v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012