Hall v. Coughlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Kane, J.), entered March 16, 1992 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to prohibit implementation of regulations imposing a surcharge on inmates found guilty of violating disciplinary rules after certain types of disciplinary proceedings.
"Prohibition is not available to prevent administrative action unless the agency is acting in a judicial or quasi-judicial capacity” (Matter of American Tr. Ins. Co. v Corcoran, 65 NY2d 828, 830). When an administrative body promulgates…
2Cases cited4 opinions
- MATTER OF AM. TRANSIT INS. CO. v. CorcoranNew York Court of Appeals · 1985
- Matter of City of Newburgh v. Pub. Employment Relations Bd. of the State of New YorkNew York Court of Appeals · 1984
- Bower & Gardner v. EvansNew York Court of Appeals · 1983
- Timber Point Homes, Inc. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by2 opinions
- Deal v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993