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DiFrancesco v. County of Niagara

Citations: 118 A.D.3d 1360; 987 N.Y.S.2d 280

Court: Appellate Division of the Supreme Court of the State of New York; June 13, 2014; New York; State Appellate Court

Narrative Opinion Summary

Appeals were made from a judgment issued by the Supreme Court of Niagara County (Judge Matthew J. Murphy, III) on February 28, 2013, concerning a proceeding under CPLR article 78. The judgment granted the petition, and the appellate court affirmed this judgment unanimously, with no costs awarded. The reasons for the affirmation are detailed in the Supreme Court's decision. The panel of judges included Scudder, EJ, Smith, Carni, Lindley, and Whalen, JJ.

Legal Issues Addressed

Affirmation of Lower Court Judgment

Application: The appellate court affirmed the judgment issued by the Supreme Court of Niagara County, indicating agreement with the lower court's decision.

Reasoning: The judgment granted the petition, and the appellate court affirmed this judgment unanimously, with no costs awarded.

Appeal from CPLR Article 78 Proceeding

Application: The case involves an appeal from a judgment in a proceeding under CPLR article 78, which governs judicial review of administrative actions in New York.

Reasoning: Appeals were made from a judgment issued by the Supreme Court of Niagara County (Judge Matthew J. Murphy, III) on February 28, 2013, concerning a proceeding under CPLR article 78.

Unanimous Decision by Appellate Court

Application: The appellate court reached a unanimous decision to affirm the judgment, reflecting a consensus among the judges.

Reasoning: The appellate court affirmed this judgment unanimously, with no costs awarded.