Legal Opinion
Bones v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1986PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: The written misbehavior reports constituted substantial evidence in support of the findings made by the Hearing Officer and affirmed by the Superintendent (see, People ex rel. Vega v Smith, 66 NY2d 130; cf. Matter of Jones v Smith, 120 Misc 2d 445, affd 101 AD2d 705, affd on other grounds 64 NY2d 1003). We note that petitioner’s remaining claims were not raised in his petition or before Special Term and, therefore, are not properly before this court (see, Matter of Gaines v Kelly, 117 AD2d 1002). (Appeal from…
2Cases cited5 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Jones v. SmithNew York Court of Appeals · 1985
- Curcio v. SmithAppellate Division of the Supreme Court of the State of New York · 1984
- Jones v. SmithNew York Supreme Court · 1983
- Gaines v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Faulkner v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
- Floyd v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
- Hydleburg v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
- Licastro v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
- Matter of Burroughs v. ColvinAppellate Division of the Supreme Court of the State of New York · 2019