MATTER OF LEMMON v. TOWN OF SCIPIO

973 CA 21-01774.

216 A.D.3d 1462 (2023)

189 N.Y.S.3d 842

2023 NY Slip Op 02446

In the Matter of Elgin Lemmon, Appellant, v. Town of Scipio et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 5, 2023.


Attorney(s) appearing for the Case

YOUNG/SOMMER LLC, ALBANY ( JOSEPH F. CASTIGLIONE OF COUNSEL), FOR PETITIONER-APPELLANT.

BOND, SCHOENECK & KING, PLLC, SYRACUSE ( RICHARD L. WEBER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Whalen, P.J., Peradotto, Lindley, Bannister and Montour, JJ.


Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered December 9, 2021, in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondents to dismiss the petition and dismissed the petition.

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

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