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Case Study

Goldberg Segalla Wins Reversal of Denial of Article 78 Petition for Developer

September 28, 2012
Kenneth M. Alweis

Kenneth M. Alweis and Cory A. DeCresenza won reversal of the denial of a petition under Article 78 which sought to annul a town board resolution that rescinded the town’s contract entered into with our client. Goldberg Segalla LLP represented a developer that had entered into a contract with the town for the exchange of properties in anticipation of a development project.

We successfully argued that the actions of the town board were arbitrary and capricious, and on September 28, 2012, the New York State Appellate Division, Fourth Department issued its decision in favor of our client.