Legal Opinion

Hall v. Coughlin

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

Decided December 10, 1992PublishedCited by 2 opinions

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

  1. MATTER OF AM. TRANSIT INS. CO. v. CorcoranNew York Court of Appeals · 1985
  2. Matter of City of Newburgh v. Pub. Employment Relations Bd. of the State of New YorkNew York Court of Appeals · 1984
  3. Bower & Gardner v. EvansNew York Court of Appeals · 1983
  4. Timber Point Homes, Inc. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. Deal v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  2. 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

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