Stitham v. City of New York

OPINION OF THE COURT

David B. Saxe, J.

In this CPLR article 78 proceeding, petitioner seeks a judgment enjoining respondent New York City Department of Probation from enforcing certain conditions of probation imposed upon petitioner by the Village Court of Liberty, New York. Respondent cross-moves, pursuant to CPLR 7804 (f), to dismiss the application on the grounds that the petition fails to state a cause of action and that the proceeding is against an improper party.

Petitioner entered a plea of guilty to the charge of driving while intoxicated (Vehicle and Traffic Law § 1196) in the Liberty…