Elliott v. Kelly

Appellate Division of the Supreme Court of New York

Elliott v. Kelly

117 A.D.2d 1002, 499 N.Y.S.2d 546, 1986 N.Y. App. Div. LEXIS 53244

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

DecidedFebruary 21, 1986

StatusPublished

Cited by2 cases

This text of 117 A.D.2d 1002 (Elliott v. Kelly) 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

Elliott v. Kelly, 117 A.D.2d 1002, 499 N.Y.S.2d 546, 1986 N.Y. App. Div. LEXIS 53244 (N.Y. Ct. App. 1986).

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Opinion

—Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Special Term erred in granting the petition. On this record, the written misbehavior report constitutes substantial evidence in support of the disciplinary charges levied and the penalty imposed (People ex rel. Vega v Smith, 66 NY2d 130; see, Matter of Perez v Wilmot, 67 NY2d 615). We also find that the use of a form petition, prepared and sworn to by petitioner’s counsel and containing no supporting factual allegations, fails to comply with the requirements of the CPLR and is facially deficient (Matter of Dennehy v Coughlin, 116 AD2d 1001). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J.—art 78.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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—Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Special Term erred in granting the petition. On this record, the written misbehavior report constitutes substantial evidence in support of the disciplinary charges levied and the penalty imposed (People ex rel. Vega v Smith, 66 NY2d 130; see, Matter of Perez v Wilmot, 67 NY2d 615). We also find that the use of a form petition, prepared and sworn to by petitioner’s counsel and containing no supporting factual allegations, fails to comply with the requirements of the CPLR and is facially deficient (Matter of Dennehy v Coughlin, 116 AD2d 1001). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J.—art 78.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

117 A.D.2d 1002, 499 N.Y.S.2d 546, 1986 N.Y. App. Div. LEXIS 53244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-v-kelly-nyappdiv-1986.

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