Allison v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Allison v. New York State Department of Correctional Services

73 A.D.2d 824, 423 N.Y.S.2d 751, 1979 N.Y. App. Div. LEXIS 14712

Appellate Division of the Supreme Court of the State of New York·Decided December 14, 1979·Published·Cited by 2 cases

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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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.

Allison v. New York State Department of Correctional Services, 73 A.D.2d 824, 423 N.Y.S.2d 751, 1979 N.Y. App. Div. LEXIS 14712 (N.Y. Ct. App. 1979).

Pincite

73 A.D.2d 824 (Allison v. New York State Department of Correctional Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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