Flemming v. Morgenthau

Appellate Division of the Supreme Court of New York

Flemming v. Morgenthau

15 A.D.3d 320, 789 N.Y.S.2d 878, 2005 N.Y. App. Div. LEXIS 1925

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

DecidedFebruary 24, 2005

StatusPublished

This text of 15 A.D.3d 320 (Flemming v. Morgenthau) 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

Flemming v. Morgenthau, 15 A.D.3d 320, 789 N.Y.S.2d 878, 2005 N.Y. App. Div. LEXIS 1925 (N.Y. Ct. App. 2005).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered on or about December 22, 2003, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 challenging aspects of a criminal action against petitioner, unanimously affirmed, without costs.

The petition was properly denied since none of petitioner’s claims may be raised by way of an article 78 proceeding (CPLR 7801; Matter of Veloz v Rothwax, 65 NY2d 902 [1985]). We note that petitioner has been convicted in the underlying criminal action and has a direct appeal pending before this Court. Concur — Mazzarelli, J.P, Sullivan, Ellerin, Nardelli and Williams, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered on or about December 22, 2003, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 challenging aspects of a criminal action against petitioner, unanimously affirmed, without costs.

The petition was properly denied since none of petitioner’s claims may be raised by way of an article 78 proceeding (CPLR 7801; Matter of Veloz v Rothwax, 65 NY2d 902 [1985]). We note that petitioner has been convicted in the underlying criminal action and has a direct appeal pending before this Court. Concur — Mazzarelli, J.P, Sullivan, Ellerin, Nardelli and Williams, JJ.

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Bluebook (online)

15 A.D.3d 320, 789 N.Y.S.2d 878, 2005 N.Y. App. Div. LEXIS 1925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flemming-v-morgenthau-nyappdiv-2005.

Opinion

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