Decision: 2023.02.14 Argument: 2022.01.04 vid. tr. Whether the courts below properly held that the inclusion of certain language in a 90-day notice sent to the borrowers in this foreclosure action, in addition to the language required to be included under RPAPL 1304, violated the “separate envelope” provision in RPAPL 13.04
January Session
Hetelekides v. County of Ontario
Decision: 2023.02.14 Argument: 2022.01.03 vid. tr. Whether tax foreclosure proceeding, commenced against deceased individual, was nullity; alleged due process violations.
Matter of Brookdale Physicians’ Dialysis Associates, Inc. v. Department of Finance of the City of New York
Decision: 2023.01.10 (rearg) Argument: 2022.01.05 vid. tr. 2024.01.09 vid. tr. Whether a building a building owned by a nonprofit organization qualifies for tax-exempt status even though it is used by a for-profit entity to provide services.
Matter of State of New York v. NYS Public Employment Relations Board
Decision: 2023.02.14 Argument: 2022.01.04 vid. tr. Whether PERB’s determination that the imposition of an application fee for promotional examinations was a mandatory subject of negotiation was rational and supported by substantial evidence; whether the Appellate Division applied the appropriate standard of review in resolving a purported question of statutory interpretation; whether PERB lacked authority or…
State of New York v. Vayu
Decision: 2023.02.14 Argument: 2023.01.03 vid. tr. Whether the courts below erred in holding plaintiff failed to make a prima facie showing of personal jurisdiction over defendant under CPLR 302(a)(1).
Suzanne P. v. Joint Board of Directors of Erie-Wyoming County Soil Conservation District
Decision: 2024.01.16 2023.01.10 (rearg) Argument: 2022.01.05 vid. tr. 2023.11.16 vid. tr. Whether trial evidence established the defendant Soil Conservation District owned dam at the time of plaintiff’s decedent’s fatal accident.
Town of Southampton v. Department of Environmental Conservation
Decision: 2023.02.09 Argument: 2023.01.03 vid. tr. Whether section 23-2703(3) of the Mined Land Reclamation Law bars the Department of Environmental Conservation from processing the renewal and modification permits sought for a preexisting mine because the local zoning code prohibits mining in the Suffolk County District where the mine is located.