Legal Opinion

Butkowski v. Kiefer

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

Decided June 17, 2016Published

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 7, 2015 in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondents to dismiss the amended petition and dismissed the amended petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the amended petition is reinstated, and the amended petition is granted.

Memorandum: On March 5, 2014, petitioner commenced this proceeding seeking an order directing respondents to…

2Cases cited14 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. De Milio v. BorghardNew York Court of Appeals · 1982
  3. Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
  4. Felix v. New York City Department of Citywide Administrative ServicesNew York Court of Appeals · 2004
  5. In the Matter of Katie Kickertz v. New York UniversityNew York Court of Appeals · 2015

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