Legal Opinion

LEVEL 3 COMMUNICATIONS, LLC v. ERIE COUNTY

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

Decided October 2, 2015No. CA 15-00302PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 7, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment dismissed the petition-complaint.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition-complaint is reinstated and granted insofar as petitioners-plaintiffs seek to compel respondents-defendants City of Buffalo and City of Lackawanna School District to determine petitioners-plaintiffs’ applications and to annul the…

2Cases cited11 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Klostermann v. CuomoNew York Court of Appeals · 1984
  3. Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
  4. Engel v. LightermanNew York Court of Appeals · 1984
  5. American Telephone & Telegraph Co. v. State Tax CommissionNew York Court of Appeals · 1984

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3Cited by2 opinions

  1. Matter of Buffalo Schools Renovation ProgramNew York Supreme Court · 2016
  2. Matter of Level 3 Communications, LLC v. Erie CountyAppellate Division of the Supreme Court of the State of New York · 2019

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