Cases

*1201Appeal from an order and judgment (one document) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered March 12, 2003. The order and judgment, insofar as appealed from, granted defendant’s motion in part, dismissed certain causes of action and denied plaintiffs cross motion to disqualify the Attorney General from representing defendant. It is hereby ordered t

—Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff appeals from an order and judgment denying his motion for an injunction and dismissing his complaint with prejudice. We modify the order and judgment by providing that the dismissal is without *935prejudice. When a party seeks an injunction, he “opens the r

OPINION OF THE COURT George B. Ceresia, Jr., J. Petitioner New York City Citizens Lobbying Against Smoker Harassment, or NYC C.L.A.S.H. (hereinafter petitioner), is a not-for-profit corporation dedicated to advancing and promoting the interests of smokers, and protecting the legal rights of smokers. In February 2013, respondents New York State Office of Parks, Recreation & Historic Preservation and Ro

Matter of 61 Crown St., LLC v New York State Off. of Parks, Recreation & Historic Preserv. (2022 NY Slip Op 04337) Matter of 61 Crown St., LLC v New York State Off. of Parks, Recreation & Historic Preserv. 2022 NY Slip Op 04337 Decided on July 7, 2022 Appellate Divisi

In an action, inter alia, for a judgment declaring that the New York State Office of Parks, Recreation, and Historic Preservation has no ownership interests in a certain bridle path, Andrew Rosenberg and Sandra Holden appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Hubert, J.), entered November 22, 2013, as denied their motion for leave to amend the complaint a

Friends of Fort Greene Park v New York City Parks & Recreation Dept. (2025 NY Slip Op 25151) [*1] Friends of Fort Greene Park v New York City Parks & Recreation Dept. 2025 NY Slip Op 25151 Decided on July 1, 2025 Supreme Court, New York County

Matter of Sunoco, LLC v New York State Off. of Parks, Recreation & Historic Places 2026 NY Slip Op 04539 July 23, 2026 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. In the Matter of Sunoco, LLC, Appellant, v New York State Office of Pa

memorandum and order RICHARD J. SULLIVAN, District Judge. Plaintiffs Robert Lederman and Jack Nesbitt, visual artists who sell their work on sidewalks and in public parks in New York City (the “City”), bring this suit challenging the constitutionality of recent revisions to the Rules of the City of New York (“R.C.N.Y.”) governing where “expressive matter vendors” — defined as sellers of books, art, and simi

OPINION OF THE COURT Fahey, J. Broadly stated, this appeal presents the question whether one may smoke in any outdoor area of a location under the jurisdiction of respondent-defendant New York State Office of Parks, Recreation and Historic Preservation (OPRHP). It is arguable that allowing a smoking ban in such areas is to support governmental interference in the public’s private affairs, as well as to appro

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Catherine R. Nugent Panepinto, J.), entered April 25, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The judgment dismissed the petition/complaint, vacated a temporary restraining order and denied the application of petitioner-plaintiff for injunctive relief. It is hereby ordered that the judgment so appealed from is un

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Catherine R. Nugent Panepinto, J.), entered April 25, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The judgment dismissed the petition/complaint, vacated a temporary restraining order and denied the application of petitioner-plaintiff for injunctive relief. It is hereby ordered that the judgment so appealed from is un

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 877 CA 13-01025 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND LINDLEY, JJ. IN THE MATTER OF NIAGARA PRESERVATION COALITION, INC., PETITIONER-PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER NEW YORK POWER AUTHORITY, GIL C. QUINIONES, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF NEW YORK POWER AUTHORITY, NEW YORK STATE OFFICE OF PARKS, RECREATION AN

Matter of Gronbach v New York State Educ. Dept. (2023 NY Slip Op 06182) Matter of Gronbach v New York State Educ. Dept. 2023 NY Slip Op 06182 Decided on November 30, 2023 Appellate Division, Third Department Published by New York State Law

MEMORANDUM-DECISION AND ORDER MAE A. D’AGOSTINO, District Judge: I. INTRODUCTION What’s in a name? To Andrea Loguidice and Brandon Snooks, the owners of Wandering Dago Inc. who wish to operate their food truck at the Empire State Plaza and the Saratoga Race Course, everything is in the name. On August 27, 2013, Plaintiff commenced this civil rights action seeking injunctive and declara

Matter of Mahopac Cent. Sch. Dist. v New York State Educ. Dept. (2025 NY Slip Op 04214) Matter of Mahopac Cent. Sch. Dist. v New York State Educ. Dept. 2025 NY Slip Op 04214 Decided on July 17, 2025 Appellate Division, Third Department Reynolds Fitzgerald, J.

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 70 In the Matter of Terrence Stevens et al., Respondents, v. New York State Division of Criminal Justice Services, et al., Appellants. Matthew W. Grieco, for appe

Matter of Elizabeth St. Garden, Inc. v City of New York (2024 NY Slip Op 03321) Matter of Elizabeth St. Garden, Inc. v City of New York 2024 NY Slip Op 03321 [42 NY3d 992] June 18, 2024 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 21 Protect the Adirondacks! Inc., Respondent-Appellant, v. New York State Department of Environmental Conservation et al., Appellants-Respondents. Jennifer L. Clark, for appe

14‐1964 Nowakowski v. New York UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ______________ August Ter

Matter of West 58th St. Coalition, Inc. v City of New York (2020 NY Slip Op 04521) Matter of West 58th St. Coalition, Inc. v City of New York 2020 NY Slip Op 04521 Decided on August 13, 2020 Appellate Division, First Department