Legal Opinion
Hernandez v. State
New York Court of Claims
Decided January 22, 2015No. Claim No. 124582PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
W. Brooks DeBow, J.
Claimant, an individual incarcerated in a state correctional facility, has filed this claim in which he seeks damages arising from 72 days of allegedly wrongful excessive confinement in a special housing unit (SHU) beyond the date when defendant received notice of the administrative reversal of the finding of guilt on disciplinary charges. Claimant moves for summary judgment, and defendant opposes the motion.
A movant for summary judgment must establish, by proof in admissible form, the right to judgment as a matter of law (see Alvarez v Prospect Hosp.,…
2Cases cited17 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Broughton v. StateNew York Court of Appeals · 1975
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
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3Cited by1 opinion
- D'Alessandro v. United StatesDistrict Court, W.D. New York · 2024