Brown v. State

Appellate Division of the Supreme Court of New York

Brown v. State

215 A.D.2d 849, 626 N.Y.S.2d 575, 1995 N.Y. App. Div. LEXIS 5015

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

DecidedMay 11, 1995

StatusPublished

This text of 215 A.D.2d 849 (Brown v. State) 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.

Bluebook

Brown v. State, 215 A.D.2d 849, 626 N.Y.S.2d 575, 1995 N.Y. App. Div. LEXIS 5015 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from an order of the Court of Claims (Bell, J.), entered April 19, 1994, which, inter alia, granted the State’s cross motion to dismiss the claim.

Claimant, an inmate at a State correctional facility, commenced this action for damages arising from his placement on limited privilege status without first being afforded a hearing. Claimant was placed on this status after refusing a choice of three work assignments. Inasmuch as the prison rules specifically provide that a hearing is not a prerequisite to placing an inmate on limited privilege status under these circumstances, the Court of Claims properly dismissed the claim.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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Appeal from an order of the Court of Claims (Bell, J.), entered April 19, 1994, which, inter alia, granted the State’s cross motion to dismiss the claim.

Claimant, an inmate at a State correctional facility, commenced this action for damages arising from his placement on limited privilege status without first being afforded a hearing. Claimant was placed on this status after refusing a choice of three work assignments. Inasmuch as the prison rules specifically provide that a hearing is not a prerequisite to placing an inmate on limited privilege status under these circumstances, the Court of Claims properly dismissed the claim.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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Bluebook (online)

215 A.D.2d 849, 626 N.Y.S.2d 575, 1995 N.Y. App. Div. LEXIS 5015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-nyappdiv-1995.