Legal Opinion
Purnell v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1985PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Special Term improperly granted petitioner’s CPLR article 78 petition and set aside the determination at his Superintendent’s hearing on *1011the ground that the record does not indicate why a lieutenant was designated to conduct the proceeding in the place of those prison officials specified in the commissioner’s regulations (7 NYCRR 254.1). Petitioner never expressly objected to the lieutenant’s designation to serve as hearing officer, either at the time of the hearing or in his petition. Thus, the issue has not been…
2Cases cited3 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Gonzales v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Bradley v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by6 opinions
- Smith v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Goss v. KellyAppellate Division of the Supreme Court of the State of New York · 1988
- Matter of Tevault v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Pisani v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
- Pondexter v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
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