Legal Opinion

Tyler v. Forma

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 1996PublishedCited by 10 opinions

1Opinion of the Court

Petition unanimously dismissed without costs. Memorandum: Petitioner appealed from an order of Supreme Court that denied his application for a writ of habeas corpus. Rather than perfecting that appeal, petitioner commenced this original CPLR article 78 proceeding in the nature of prohibition, seeking to prohibit respondent from "accepting and considering any and all affidavits or affirmations and return in opposition to petitioner’s motion for an order of preclusion and default judgments * * * [and] in opposition to petitioner’s writ of habeas corpus”.

A CPLR article 78 proceeding is not the…

2Cases cited3 opinions

  1. Hodge v. LoRussoAppellate Division of the Supreme Court of the State of New York · 1992
  2. Sans v. DoyleAppellate Division of the Supreme Court of the State of New York · 1991
  3. Development Authority of the North Country v. SayyeauAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by10 opinions

  1. Wisniewski v. MichalskiAppellate Division of the Supreme Court of the State of New York · 2014
  2. Aarismaa v. BenderAppellate Division of the Supreme Court of the State of New York · 2013
  3. Vargason v. BrunettiAppellate Division of the Supreme Court of the State of New York · 1997
  4. Rappaport v. RiordanAppellate Division of the Supreme Court of the State of New York · 2009
  5. Wong v. ChettaAppellate Division of the Supreme Court of the State of New York · 2000

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