Legal Opinion

Van Luven v. Henderson

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

Decided September 24, 1976Published

1Opinion of the Court

Judgment unanimously reversed and matter remitted to Su- . preme Court, Cayuga County, for further proceedings in accordance with the following memorandum: In this CPLR article 78 proceeding appellant alleges that he has been denied his procedural rights in various disciplinary proceedings against him. The court denied the petition without an answer being interposed by the State and without a hearing. In this court the State asserts that the administrative decision is not reviewable. We have held otherwise (Matter of Salinas v Henderson, 40 AD2d 939). The proceeding is remitted for an answer…

2Cases cited2 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Salinas v. HendersonAppellate Division of the Supreme Court of the State of New York · 1972

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