MATTER OF RENEW 81 FOR ALL v. NEW YORK STATE DEPT. OF TRANSP.

916 CA 23-00388.

2024 NY Slip Op 00540

IN THE MATTER OF RENEW 81 FOR ALL, BY ITS PRESIDENT FRANK L. FOWLER, CHARLES GARLAND, GARLAND BROTHERS FUNERAL HOME, NATHAN GUNN, ANN MARIE TALIERCIO, TOWN OF DEWITT, TOWN OF SALINA, Petitioners-Respondents-Appellants, and TOWN OF TULLY, Petitioner-Respondent, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, MARIE THERESE DOMINGUEZ, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION, NICOLAS CHOUBAH, P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE DEPARTMENT OF TRANSPORTATION CHIEF ENGINEER, MARK FRECHETTE, P.E., IN HIS OFFICIAL CAPACITY AS NEW YORK STATE DEPARTMENT OF TRANSPORTATION I-81 PROJECT DIRECTOR, Respondents-Appellants-Respondents, and CITY OF SYRACUSE, Intervenor-Appellant-Respondent.

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

Decided February 2, 2024.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( MEREDITH G. LEE-CLARK OF COUNSEL), FOR RESPONDENTS-APPELLANTS-RESPONDENTS.

SUSAN KATZOFF , CORPORATION COUNSEL, SYRACUSE ( DANIELLE R. SMITH OF COUNSEL), FOR INTERVENOR-APPELLANT-RESPONDENT.

KNAUF SHAW LLP, ROCHESTER ( ALAN J. KNAUF OF COUNSEL), FOR PETITIONERS-RESPONDENTS-APPELLANTS.

GUADALUPE V. AGUIRRE , NEW YORK CITY, FOR NEW YORK CIVIL LIBERTIES UNION FOUNDATION, AMICUS CURIAE.

MONACO COOPER LAMME & CARR PLLC, ALBANY ( JONATHAN E. HANSEN OF COUNSEL), FOR NEW YORK STATE MOTOR TRUCK ASSOCIATION, INC., DOING BUSINESS AS THE TRUCKING ASSOCIATION OF NEW YORK, AMICUS CURIAE.

PRESENT: WHALEN, P.J., CURRAN, OGDEN, GREENWOOD, AND NOWAK, JJ.


Appeals and cross-appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered February 14, 2023, in a proceeding pursuant to CPLR article 78. The judgment granted in part the petition and supplemental petition.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by dismissing the petition and supplemental petition in their entirety and, as modified, the judgment is affirmed without...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases