Davidson v. Scully

Appellate Division of the Supreme Court of New York

Davidson v. Scully

116 A.D.2d 575, 498 N.Y.S.2d 310, 1986 N.Y. App. Div. LEXIS 51426

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

DecidedJanuary 13, 1986

StatusPublished

Cited by4 cases

This text of 116 A.D.2d 575 (Davidson v. Scully) 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

Davidson v. Scully, 116 A.D.2d 575, 498 N.Y.S.2d 310, 1986 N.Y. App. Div. LEXIS 51426 (N.Y. Ct. App. 1986).

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Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of Green Haven Correctional Facility that petitioner was guilty of unauthorized use of a telephone, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Nicolai, J.), dated May 20, 1983, which dismissed the proceeding. The appeal brings up for review an order of the same court, dated December 21, 1983, which denied his motion for renewal.

Appeal dismissed, without costs or disbursements, and judgment and order vacated. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Upon a de novo review of the record (see, Matter of Perez v Wilmot, 111 AD2d 757), we find that there is substantial evidence in the record to support the challenged determination. Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of Green Haven Correctional Facility that petitioner was guilty of unauthorized use of a telephone, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Nicolai, J.), dated May 20, 1983, which dismissed the proceeding. The appeal brings up for review an order of the same court, dated December 21, 1983, which denied his motion for renewal.

Appeal dismissed, without costs or disbursements, and judgment and order vacated. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Upon a de novo review of the record (see, Matter of Perez v Wilmot, 111 AD2d 757), we find that there is substantial evidence in the record to support the challenged determination. Mangano, J. P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

116 A.D.2d 575, 498 N.Y.S.2d 310, 1986 N.Y. App. Div. LEXIS 51426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidson-v-scully-nyappdiv-1986.

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