Gains v. Scully

Appellate Division of the Supreme Court of New York

Gains v. Scully

166 A.D.2d 868, 563 N.Y.S.2d 196, 1990 N.Y. App. Div. LEXIS 12809

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

DecidedOctober 25, 1990

StatusPublished

This text of 166 A.D.2d 868 (Gains 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

Gains v. Scully, 166 A.D.2d 868, 563 N.Y.S.2d 196, 1990 N.Y. App. Div. LEXIS 12809 (N.Y. Ct. App. 1990).

Pincite

Opinion

Mikoll, J.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Nastasi, J.), entered May 15, 1988 in Dutchess County, which granted defendants’ motion to dismiss the complaint for lack of jurisdiction.

[869]*869Plaintiff, an inmate at Green Haven Correctional Facility in Dutchess County, sought damages against correction officers and other employees of the facility in their individual capacities, alleging that disciplinary proceedings had been instituted against him based on an allegedly false misbehavior report. We find that Supreme Court properly dismissed the action on the grounds that plaintiff was precluded from suing defendants in their individual capacities under Correction Law § 24 and that, under that statute, a claim for damages commenced against the State must be initiated in the Court of Claims (see, Arteaga v State of New York, 72 NY2d 212).

Plaintiff’s remaining contentions with respect to 42 USC § 1983 are being raised for the first time on appeal and, as such, are not properly preserved for our review (see, Peoples Commercial Bank v Greene Distrib., 149 AD2d 774, 775).

Order affirmed, without costs. Kane, J. P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Mikoll, J.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Nastasi, J.), entered May 15, 1988 in Dutchess County, which granted defendants’ motion to dismiss the complaint for lack of jurisdiction.

[869]*869Plaintiff, an inmate at Green Haven Correctional Facility in Dutchess County, sought damages against correction officers and other employees of the facility in their individual capacities, alleging that disciplinary proceedings had been instituted against him based on an allegedly false misbehavior report. We find that Supreme Court properly dismissed the action on the grounds that plaintiff was precluded from suing defendants in their individual capacities under Correction Law § 24 and that, under that statute, a claim for damages commenced against the State must be initiated in the Court of Claims (see, Arteaga v State of New York, 72 NY2d 212).

Plaintiff’s remaining contentions with respect to 42 USC § 1983 are being raised for the first time on appeal and, as such, are not properly preserved for our review (see, Peoples Commercial Bank v Greene Distrib., 149 AD2d 774, 775).

Order affirmed, without costs. Kane, J. P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Bluebook (online)

166 A.D.2d 868, 563 N.Y.S.2d 196, 1990 N.Y. App. Div. LEXIS 12809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gains-v-scully-nyappdiv-1990.

Opinion

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