Lahey v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Determination annulled, on the law, and petition granted. Memorandum: Since the only critical issue raised in this CPLR article 78 proceeding is whether the determination of the Hearing Officer is supported by substantial evidence, Special Term should not have decided the matter but, rather, should have transferred it to this court (CPLR 7804 [g]). However, we may consider the matter as if it had been transferred properly (Matter of Curl v Kelly, 125 AD2d 948 [decided herewith]; Matter of Hop-Wah v Coughlin, 118 AD2d 275, 276; Matter of O’Brien v Steisel, 104 AD2d 817).
Petitioner, an inmate…
2Cases cited10 opinions
- People v. HughesNew York Court of Appeals · 1983
- Smith v. StateSupreme Court of Georgia · 1983
- Jensen v. LickDistrict Court, D. North Dakota · 1984
- Peranzo v. CoughlinDistrict Court, S.D. New York · 1985
- Higgs v. WilsonDistrict Court, W.D. Kentucky · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Melvin v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WalkerAppellate Court of Illinois · 1987
- Jameson v. JohnsonNew York Supreme Court · 1987
- Abreu v. CoughlinNew York Supreme Court · 1989
- Carreras v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
15 more not listed; retrieve them via the Exa API.