Legal Opinion
Smith v. New York State Division of Housing & Community Renewal
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2006PublishedCited by 2 opinions
1Opinion of the Court
Appeal and cross appeals from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered March 11, 2005 in a proceeding pursuant to CPLR article 78. The judgment, among other things, granted in part respondents’ motion to dismiss the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety, dismissing the petition and vacating the second and third decretal paragraphs and as modified the judgment is affirmed without costs.
Memorandum:…
2Cases cited5 opinions
- Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
- Jennings v. New York State Office of Mental HealthNew York Court of Appeals · 1997
- Paramount Communications, Inc. v. Gibraltar Casualty Co.New York Court of Appeals · 1997
- Stacor Corp. v. EganAppellate Division of the Supreme Court of the State of New York · 1986
- Bath Petroleum Storage, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
- Partnership 92 LP v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2007
- Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2009