Lewis Family Farm, Inc. vs. APA
 

Apr 11, 2008     APA’s Summons and Complaint in a civil action to enforce the Determination naming Lewis Family Farm, Barbara Lewis and Sandy Lewis as defendants

Apr 14, 2008     Notice of Motion to Consolidate the Article 78 proceeding and the APA’s duplicative enforcement action

Apr 14, 2008     Affirmation of John Privitera in Support of Consolidation of 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 21, 2008     APA’s Cross-Motion to Transfer the actions to Judge Ryan

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


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 14, 2008     APA’s Amended Summons and Complaint in the duplicative enforcement action

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

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 3, 2008     Notice of Motion to Dismiss the APA’s Complaint in the duplicative enforcement action

Jun 3, 2008     Affirmation of John Privitera in Support of Motion to Dismiss the APA’s Complaint in the duplicative enforcement action

Jun 3, 2008     Memorandum of Law in Support of Motion to Dismiss the APA’s Complaint in the duplicative enforcement action   

Jun 10, 2008     APA’s Memorandum of Law in Opposition to the Lewis Family Farm’s Motion to Dismiss the APA’s Complaint in the duplicative enforcement action

Jun 11, 2008     Affirmation of Assistant Attorney General Simon in Opposition to the Lewis Family Farm’s Motion to Dismiss the APA’s Complaint in the duplicative enforcement action

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


Hon. Richard B. Meyer’s Decision and Order

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 17, 2008     Reply Affirmation of John Privitera in further support of the Lewis Family Farm’s Motion to Dismiss the APA’s Complaint in the duplicative enforcement action

Jun 17, 2008     Reply Memorandum of Law in further support of the Lewis Family Farm’s Motion to Dismiss the APA’s Complaint in the duplicative enforcement action

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; Awards motion costs:

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 - Awards $200.00.


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     Lewis Family Farm's Verified Answer to the APA's Amended Complaint in the duplicative enforcement action

Aug 1, 2008     Notice of Motion and Affirmation of John Privitera in Support of the Lewis Family Farm's Motion for Summary Judgment in the APA's duplicative enforcement action

Aug 1, 2008     Memorandum of Law in Support of the Lewis Family Farm's Motion for Summary Judgment in the APA's duplicative enforcement action

Aug 2, 2008     APA's Notice of Appeal of Judge Meyer's July 2, 2008 pertaining to the dismissal of the APA's Amended Complaint as against Sandy Lewis and Barbara Lewis individually

Aug 11, 2008     APA's Notice of Cross-Motion for Summary Judgment in the duplicative enforcement action and motion to strike the "second" record attached to the 8-1-08 Privitera Affirmation

Aug 11, 2008     Affidavit of APA Attorney Van Cott in Support of the APA's Cross-Motion for Summary Judgment in the duplicative enforcement action and motion to strike the "second" record attached to the 8-1-08 Privitera Affirmation

Aug 11, 2008    APA's Memorandum of Law in Support of the APA's Cross-Motion for Summary Judgment in the duplicative enforcement action and motion to strike the "second" record attached to the 8-1-08 Privitera Affirmation

Aug 15, 2008     Reply Affirmation of Attorney Lamme in Further Support of the Lewis Family Farm's Motion for Summary Judgment in the APA's duplicative enforcement action

Aug 15, 2008     Memorandum of Law in Further Support of the Lewis Family Farm's Motion for Summary Judgment in the APA's duplicative enforcement action

Aug 19, 2008     APA's Reply Memordandum of Law in Further Support of its Cross-Motion for Summary Judgment and to Strike the "Second" Record, and the Reply Affirmation of Assistant Attorney General Simon


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

 

In which the APA - AG attack Sandy and Barbara Lewis individually in a duplicative second and separate case, Ass’t. AG Robert C. Glennon seeks Judge Kevin K. Ryan for the APA, and  Judge Richard B. Meyer’s Decision and Order grants our wish to consolidate cases, removes us from liability, rejects the government’s request to change courts and awards motion costs of $100 each to Sandy & Barbara Lewis.

© 2008 Lewis Family Farm. All Photos © Barbara A Lewis, except where otherwise noted. All rights reserved.

Photo: ©2008 Barbara A Lewis

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