Legal Opinion
Benesch v. Village of Clayton
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1992PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously vacated, determination confirmed without costs and petition dismissed. Memorandum: Because petitioner’s CPLR article 78 proceeding presented a substantial evidence question, it should have been transferred to this court (see, CPLR 7804 [g]; Matter of Melvin v Kelly, 126 AD2d 956, lv denied 69 NY2d 609; Matter of Rivera v Beekman, 86 AD2d 1). Village Law § 8-806, pursuant to which the hearing was conducted, provides that the conviction of a member of a village police force shall be reviewed "in the manner provided by” CPLR article 78. Supreme Court, therefore, improperly…
2Cases cited3 opinions
- Rivera v. BeekmanAppellate Division of the Supreme Court of the State of New York · 1982
- Melvin v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
- Johnson v. WardAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by6 opinions
- Price v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Hosmer v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2001
- Keuning v. PeralesAppellate Division of the Supreme Court of the State of New York · 1993
- Lynch v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- McCrimmon v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996
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