Legal Opinion

Garraway v. Fischer

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

Decided May 16, 2013PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered April 30, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. Respondents moved to dismiss the petition on the grounds that it failed to state a cause of action and does not set forth sufficiently clear and concise statements in consecutively numbered paragraphs. Supreme Court granted the motion, finding…

2Cases cited4 opinions

  1. Pettus v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  2. Ali v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Escalera v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  4. Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by6 opinions

  1. Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLCAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Reeder v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Bookman v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Simpson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2024

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