Legal Opinion

In re Erie County Correctional Facility

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

Decided October 7, 1992Published

1Opinion of the Court

— Order unanimously affirmed without costs. Memorandum: Because the administrative agency and presiding officer conducting these disciplinary proceedings have expressly been delegated the specific statutory authority to issue subpoenas duces tecum (see, Education Law § 6510 [3] [a]; [4]; State Administrative Procedure Act § 304 [2]), Supreme Court properly denied the Erie County Correctional Facility’s CPLR 2307 application without prejudice to its renewal before the presiding officer (Matter of Irwin v Board of Regents, 27 NY2d 292, 296-297; Matter of Anonymous v State Dept. of Health, 173…

2Cases cited3 opinions

  1. Irwin v. Board of RegentsNew York Court of Appeals · 1970
  2. Whalen v. John P.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Anonymous v. State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1991

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