Allison v. New York State Department of Correctional Services
This text of 73 A.D.2d 824 (Allison v. New York State Department of Correctional Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judg-ment unanimously vacated, without costs. Memorandum: Special Term erred in denying petitioners’ application for an order to show cause as without merit and dismissing the petition. An order to show cause is simply a substitute for a notice of motion as a device for bringing on a special proceeding. The merits of the petition are not reached in granting or denying the order (see 2 Carmody-Wait 2d, NY Prac, § 8:43, p 73; Siegel, New York Practice, § 248). (Appeal from judgment of Cayuga Supreme Court—art 78.) Present—Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.
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Cite This Page — Counsel Stack
73 A.D.2d 824, 423 N.Y.S.2d 751, 1979 N.Y. App. Div. LEXIS 14712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allison-v-new-york-state-department-of-correctional-services-nyappdiv-1979.