Legal Opinion
Curl v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1986PublishedCited by 18 opinions
1Opinion of the Court
— Determination unanimously confirmed and petition dismissed. Memorandum: Since the only issue raised in this CPLR article 78 proceeding is whether the determination of the Hearing Officer is supported by substantial evidence, Special Term erred in deciding the matter on the merits rather than transferring it to this court (CPLR 7804 [g]). Nonetheless, we will consider the matter as if it had been properly transferred in the first instance (Matter of O’Brien v Steisel, 104 AD2d 817).
It has been established that "[a] written misbehavior report by itself can constitute substantial evidence of…
2Cases cited3 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Perez v. WilmotNew York Court of Appeals · 1986
- O'Brien v. SteiselAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by18 opinions
- Lahey v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
- McKins v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Krall v. KellyAppellate Division of the Supreme Court of the State of New York · 1988
- Sawma v. PeralesAppellate Division of the Supreme Court of the State of New York · 1987
- Prince v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
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