Apr 7, 2008 Notice of Petition to Essex County Supreme Court
Apr 7, 2008 Lewis Family Farm’s Article 78 Petition for judicial review of the APA’s Determination
Apr 7, 2008 Affidavit of Barbara Lewis in Support of a Stay of the APA's Determination
Apr 7, 2008 Affidavit of John J. Privitera in Support of a Stay of the APA's Determination
Apr 7, 2008 Memorandum of Law in Support of a Stay of the APA's Determination
Hon. Richard B. Meyer’s Order
Apr 8, 2008 Order to Show Cause signed by Judge Richard B. Meyer directing APA to show cause why an order should not be granted staying the Determination pending judicial review
Apr 9, 2008 Amended Order to Show Cause signed by Judge Richard B. Meyer directing the APA to show cause why an order should not be granted staying the APA’s Determination pending judicial review
Apr 9, 2008 Letter from Attorney Privitera to Judge Meyer stipulating to strike a portion of the Order to Show Cause
Hon. Richard B. Meyer’s Decision and Order
Apr 11, 2008 Judge Meyer’s Decision & Order granting a partial stay of the APA’s Determination based upon the Lewis Family Farm’s showing of irreparable harm and likelihood of success on the merits of the Article 78 proceeding
Apr 14, 2008 Memorandum of Law in Support of Motion to Reargue and Renew Motion for a Stay in order to obtain a full stay of the APA’s Determination pending judicial review
Apr 14, 2008 Affirmation of John Privitera in Support of Motion to Reargue and Renew Motion for a Stay
Apr 14, 2008 Lewis Family Farm’s Amended Article 78 Petition for judicial review of the APA’s Determination
Apr 14, 2008 Notice of Motion to Consolidate the Article 78 proceeding and the APA’s duplicative enforcement action
Apr 14, 2008 Notice of Motion to Consolidate the Article 78 proceeding and the APA’s duplicative enforcement action
Apr 14, 2008 Letter to Judge Meyer from Attorney Privitera re: motion practice and the APA’s unprecedented duplicative enforcement action
Apr 18, 2008 APA’s attempt to issue a “corrected” Determination, striking out the provision requiring the Lewis Family Farm to waive its right to challenge APA jurisdiction
Judge Shopping by the AG for the APA & Ass’t. AG Robert C. Glennon enters the case:
Apr 21, 2008 APA’s Cross-Motion to Transfer the actions to Judge Ryan
Apr 22, 2008 Affirmation of Assistant Attorney General Loretta Simon opposing the Lewis Family Farm’s Motion to Reargue and Renew Motion for a Stay
Apr 22, 2008 Affirmation of APA Attorney Sarah Reynolds opposing the Lewis Family Farm’s Motion to Reargue and Renew Motion for a Stay
Apr 22, 2008 APA’s Memorandum of Law in Opposition to the Lewis Family Farm’s Motion to Reargue and Renew Motion for a Stay
Apr 23, 2008 Transcript of oral argument before Judge Meyer on April 11th concerning the Lewis Family Farm’s Order to Show Cause seeking a stay of the APA’s Determination
Apr 23, 2008 Letter from Judge Meyer informing counsel that the pending motions to renew and reargue and transfer will be heard on submission without oral argument
Apr 23, 2008 Affirmation of John Privitera in Opposition to the APA’s Cross-Motion to Transfer the actions to Judge Ryan
Apr 23, 2008 Memorandum of Law in Opposition to the APA’s Cross-Motion to Transfer the Actions to Judge Ryan
Hon. Richard B. Meyer’s Decision and Order
Apr 25, 2008 Judge Meyer’s Decision and Order (1) granting the motion to consolidate the Article 78 proceeding and the APA’s duplicative enforcement action, (2) denying the APA’s motion to transfer judges, (3) and granting the motion to renew and reargue, but adhering to the April 11, 2008 Decision on the stay of the Determination
Appellate Division, Third Judicial Department
Apr 28, 2008 Order to Show Cause to Appellate Division, Third Judicial Department, and Affirmation of John Privitera in Support of a Full Stay of the APA’s Determination
Apr 29, 2008 Order to Show Cause executed by the Honorable Leslie E. Stein, and attachments showing conditions to the order
May 5, 2008 Affirmation of APA Attorney Van Cott in opposition to the Lewis Family Farm’s Order to Show Cause why the Appellate Division should not modify Judge Meyer’s Decision and grant the Lewis Family Farm a full stay of the APA’s Determination
May 5, 2008 Affirmation of Assistant Attorney General Simon in opposition to the Lewis Family Farm’s Order to Show Cause why the Appellate Division should not modify Judge Meyer’s Decision and grant the Lewis Family Farm a full stay of the APA’s Determination
May 5, 2008 Privitera Letter to Simon showing proof of “as built” on septic
May 6, 2008 APA’s Memorandum of Law Opposing the Lewis Family Farm’s Order to Show Cause why the Appellate Division should not modify Judge Meyer’s Decision and grant the Lewis Family Farm a full stay of the APA’s Determination
May 8, 2008 APA’s Memorandum of Law Opposing the Lewis Family Farm’s Order to Show Cause why the Appellate Division should not modify Judge Meyer’s Decision and grant the Lewis Family Farm a full stay of the APA’s Determination
May 9, 2008 Affirmation of John Privitera in response to the APA’s unauthorized sur-reply concerning the Order to Show Cause why the Appellate Division should not modify Judge Meyer’s Decision and grant the Lewis Family Farm a full stay of the APA’s Determination
May 13, 2008 Letter from Attorney Jacob F. Lamme to Assistant Attorney General Simon agreeing to accept service of the APA’s duplicative enforcement action on behalf of the Lewis Family Farm and individual defendants in exchange for an extension to respond to the Complaint until May 30, 2008
May 15, 2008 Letter from Attorney Lamme to Judge Meyer seeking an oral argument date on the Article 78 petition and anticipated motion to dismiss the APA’s Complaint, and informing the Judge that the Attorney General’s service of the Amended Complaint moots the agreement that it entered into only a day earlier
Decision and Order of the Appellate Division, Third Judicial Department
May 19, 2008 Decision and Order of the Appellate Division Third Judicial Department granting the Lewis Family Farm’s Motion to Extend the Stay of the APA’s Determination, allowing partial use of the farm buildings pending judicial review of the Determination
May 29, 2008 Notice of Motion and Affirmation of Attorney Elizabeth Dribusch seeking amicus curiae status for the NYS Farm Bureau
Farm Bureau Speaks: Amicus Curiae Brief - Judge Meyer invited the Farm Bureau for oral argument, June 19th, 2008. Submitted at trial court level (very unusual).
May 29, 2008 Farm Bureau’s Amicus Curiae Brief Opposing the APA’s Determination and Supporting the Lewis Family Farm
May 30, 2008 Letter from Attorney Lamme to Assistant Attorney General Simon directing the APA to include a copy of the video of the March 13, 2008 hearing in the record for the Article 78 proceeding
For free DVD of APA Enforcement Committee Meeting from March 13th 2008, please call 518-522-1756 with your request.
May 30, 2008 Letter Order from Judge Meyer setting the oral argument return date for June 19, 2008, and noting that—although unusual at the trial state—the Court will likely grant the Farm Bureau’s motion to provide amicus support to the Lewis Family Farm
Jun 13, 2008 Letter from Attorney Cynthia Feathers, counsel to the Farm Bureau, asking the Attorney General’s Office to serve her with all filings in these consolidated matters
Decision and Order of Hon. Richard B. Meyer
Jun 13, 2008 Decision and Order of Judge Meyer granting the Farm Bureau’s Motion to Appear as Amicus Curiae and granting time for the Farm Bureau to be heard at oral argument on June 19, 2008
Jun 13, 2008 APA’s Notice to Dismiss the Lewis Family Farm’s Article 78 Petition, in part, and Answer in part, with objections of law
Jun 13, 2008 Affirmation of Assistant Attorney General Simon in Support of the APA’s Motion to Dismiss the Lewis Family Farm’s Article 78 Petition in part and Answer in part
Jun 13, 2008 Affidavit of APA Attorney Van Cott in Support of the APA’s Motion to Dismiss the Lewis Family Farm’s Article 78 Petition in part and Answer in part
Jun 13, 2008 APA’s Memorandum of Law in Support of the APA’s Motion to Dismiss the Lewis Family Farm’s Article 78 Petition in part and Answer in part
Jun 13, 2008 Affidavit of Attorney John Rusnica (Department of Agriculture and Markets) submitted by APA – but conspicuously does not support the APA’s Motion to Dismiss the Article 78 Petition
Jun 19, 2008 Reply Affirmation of Assistant Attorney General Simon in Support of the APA’s Motion to Dismiss the Lewis Family Farm’s Article 78 Petition in part and Answer in part
Jun 19, 2008 The court reporter’s transcript as filed in the County Clerk’s Office, County of Essex October 14, 2008
Special Interest area: See page 101.
Decision and Order of Hon. Richard B. Meyer
Jul 2, 2008 Decision and Order of Judge Meyer (1) dismissing the APA’s enforcement action as against Sandy Lewis and Barbara Lewis, (2) denying the APA’s motion to dismiss the Article 78 Petition based on the doctrine of collateral estoppel, and (3) dismissing minor causes of action in the Article 78 Petition
Jul 8, 2008 Correspondence from Attorney Lamme and Assistant Attorney General Simon to Judge Meyer concerning the APA's request for a 24-day extension of the time in which it must answer the remainder of the Article 78 Petition
Jul 11, 2008 Letter Order from Judge Meyer denying the APA's request for a 24-day extension and directing answers to be filed by July 30, 2008 and setting a summary judgment motion deadline for August 22, 2008
Jul 30, 2008 APA's Supplemental Answer to the Lewis Family Farm's Article 78 Amended Petition
Jul 30, 2008 Affidavit of APA Attorney Van Cott in Support of the APA's Supplemental Answer to the Article 78 Amended Petition
Jul 30, 2008 APA's Memorandum of Law in Support of its Supplemental Answer to the Article 78 Amended Petition
Aug 2, 2008 APA's Notice of Motion to the Appellate Division and Affirmation of Assistant Attorney General Simon in Support of a Motion for Leave to Appeal the portion of Judge Meyer's July 2, 2008 Decision pertaining to the Article 78 proceeding
Aug 8, 2008 Affidavit of Attorney Lamme in Opposition to the APA's Motion for Leave to Appeal Judge Meyer's July 2, 2008 Decision
Largely procedural: LFF prevailed again with the Appellate Division, Third Judicial Department, which denied AG's motion to appeal for the APA. Saves us and the tax payer the cost of duplicative appeal - which is what this Attorney General's Office seems to like. Wonder if Andrew Cuomo knows what's going on under him.
Sept 9, 2008 Appellate Division's Decision denying the APA's Motion for Leave to Appeal the portion of Judge Meyer's July 2, 2008 Decision pertaining to the Article 78 proceeding
Hon. Richard B. Meyer’s Decision & Order:
Nov 19, 2008 Decision and Order of Essex County Supreme Court (J. Meyer) Annulling the APA's March 25, 2008 Determination and Dismissing the APA's Duplicative Enforcement Action Against the Lewis Family Farm
