In re Erie County Correctional Facility
Appellate Division of the Supreme Court of the State of New York
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
- Irwin v. Board of RegentsNew York Court of Appeals · 1970
- Whalen v. John P.Appellate Division of the Supreme Court of the State of New York · 1979
- Anonymous v. State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1991