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The NYS Supreme Court is soon going to tell us what "arbitrary and capricious" is in the SAFE Act.
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Yes. Frightening, and (legally) exciting times.
There are now three cases in NYS Supreme Court.
There Robert Schulz case out of Albany. That is returnable on, I believe (please correct me if I'm wrong) March 11th.
The
Dywinskicase (Class Action) is underway in front of Hon. Diane Devlin in Erie County. The first appearance was on 2/21, returnable in April.
Then there is the
Holtz case
Those two cases are being handled here.
Lastly, there is the Notice of Claim filed by the NYSRPA, being handled by Goldberg Segalla. Presumably, a Request for Judicial Intervention will be filed soon.
The State is in bigger trouble than many think.