Legal Opinion

Shell v. McCray

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

Decided May 6, 1999PublishedCited by 7 opinions

1Opinion of the Court

—Appeal from a judgment of the Supreme Court (Hughes, J.), entered February 19, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as time barred.

Following a tier III hearing, petitioner was found guilty of violating certain prison disciplinary rules. Upon petitioner’s administrative appeal, he was informed by decision dated June 19, 1997, that the charges were affirmed with a modification as to penalty. He subsequently commenced this CPLR article 78 proceeding. Respondents, however, moved to dismiss the petition on…

2Cases cited4 opinions

  1. Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
  2. Boomer v. WalkerAppellate Division of the Supreme Court of the State of New York · 1997
  3. Hauver v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1997
  4. Moncrieffe v. GoordAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by7 opinions

  1. James v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  2. Parker v. Executive Department, Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2000
  3. Taylor v. DufrainAppellate Division of the Supreme Court of the State of New York · 2000
  4. Doolittle v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 2000
  5. Grant v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2000

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API