Legal Opinion

Boomer v. Walker

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

Decided September 11, 1997PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Torraca, J.), entered August 14, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as untimely.

Petitioner, a State prison inmate, commenced this CPLR article 78 proceeding challenging a November 8, 1995 determination finding him guilty of violating certain prison disciplinary rules. Respondent moved to dismiss the petition on the grounds that no personal jurisdiction had been acquired over him and the proceeding was not timely commenced. Supreme Court granted the motion…

2Cases cited5 opinions

  1. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  2. Gittens v. SelskyAppellate Division of the Supreme Court of the State of New York · 1993
  3. Joshua v. Commissioner of Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1997
  4. Marsalona v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  5. Martinez v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by8 opinions

  1. Thomas v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Taylor v. PooleAppellate Division of the Supreme Court of the State of New York · 2001
  3. Shell v. McCrayAppellate Division of the Supreme Court of the State of New York · 1999
  4. Green v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
  5. McCants v. TravisAppellate Division of the Supreme Court of the State of New York · 2001

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