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Cited "see"
Matter of Tomassi v. City of Buffalo
We also conclude that petitioner adduced "no evidence . . . to support a finding that [he] ha[d] been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment' " ( Matter of Gray v Town of Oppenheim , 289 AD2d [*2]743, 745 [3d Dept 2001], lv denied 98 NY2d 606 [2002], quoting Village of Willowbrook v Olech , 528 US 562, 564 [2000]; see Matter of Sicoli v Town of Lewiston , 112 AD3d 1342, 1343-1344 [4th Dept 2013]).
Retrieving the full opinion text from the archive…
In the Matter of Daniel Holmes
v.
Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision
v.
Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2013.
Published
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered August 3, 2012 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs (Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012]). Present — Smith, J.P., Fahey, Garni, Valentino and Whalen, JJ.