Legal Opinion
Crawford v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 11 opinions
1Opinion of the Court
Memorandum: In this CPLR article 78 petition to annul a disciplinary determination, the petition failed to allege the two grounds of error argued by petitioner before Special Term and on this appeal: lack of substantial evidence to support the charge and failure of the written misbehavior report to give sufficient notice of the charge to enable petitioner to contest it. It is fundamental that the courts should not consider allegations not raised in the petition (see, Geneva Gen. Hosp. Nursing Home Co. v Axelrod, 92 AD2d 739, 740). In any event, the form petition used here, which was attested…
2Cases cited3 opinions
- Dennehy v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
- Elliott v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
- Geneva General Hospital Nursing Home Co. v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by11 opinions
- Alvarez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Ball v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2006
- Farrell v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1999
- New York State School Boards Ass'n v. New York State Board of RegentsAppellate Division of the Supreme Court of the State of New York · 1994
- Fuss v. Hannibal Town Planning BoardAppellate Division of the Supreme Court of the State of New York · 2002
6 more not listed; retrieve them via the Exa API.