Newport v. Toia

Appellate Division of the Supreme Court of New York

Newport v. Toia

58 A.D.2d 1022, 396 N.Y.S.2d 1022, 1977 N.Y. App. Div. LEXIS 13244

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

DecidedJuly 12, 1977

StatusPublished

This text of 58 A.D.2d 1022 (Newport v. Toia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newport v. Toia, 58 A.D.2d 1022, 396 N.Y.S.2d 1022, 1977 N.Y. App. Div. LEXIS 13244 (N.Y. Ct. App. 1977).

Pincite

Opinion

Judgment unanimously affirmed, with costs, for the reasons expressed in the memorandum decision at Special Term, Conway, J. Petitioner’s claim of need under emergency conditions was clearly before the hearing officer and respondents, and was impliedly ruled upon adversely to petitioner. Such action was arbitrary and unreasonable under the circumstances and was properly annulled by Special Term. (Appeal from judgment of Onondaga Supreme Court—article 78.) Present—Cardamone, J. P., Hancock, Denman, Goldman and Witmer, JJ.

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Judgment unanimously affirmed, with costs, for the reasons expressed in the memorandum decision at Special Term, Conway, J. Petitioner’s claim of need under emergency conditions was clearly before the hearing officer and respondents, and was impliedly ruled upon adversely to petitioner. Such action was arbitrary and unreasonable under the circumstances and was properly annulled by Special Term. (Appeal from judgment of Onondaga Supreme Court—article 78.) Present—Cardamone, J. P., Hancock, Denman, Goldman and Witmer, JJ.

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Bluebook (online)

58 A.D.2d 1022, 396 N.Y.S.2d 1022, 1977 N.Y. App. Div. LEXIS 13244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newport-v-toia-nyappdiv-1977.