Legal Opinion

Aviles v. Scully

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

Decided October 2, 1989PublishedCited by 4 opinions

1Opinion of the Court

— In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated February 14, 1987, finding that the petitioner violated several institutional rules and imposing a penalty, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Ritter, J.), dated September 30, 1987, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner failed to establish that the notice he received more than 24 hours prior to the commencement of the Superintendent’s hearing was inadequate to inform him of the…

2Cases cited4 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Hodges v. ScullyAppellate Division of the Supreme Court of the State of New York · 1988
  3. Gittens v. SullivanAppellate Division of the Supreme Court of the State of New York · 1989
  4. Scott v. KellyAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by4 opinions

  1. Moye v. SelskyDistrict Court, S.D. New York · 1993
  2. Brown v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  3. Mabry v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  4. Fitzgerald v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993

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