Glover v. Coughlin

Appellate Division of the Supreme Court of New York

Glover v. Coughlin

203 A.D.2d 846, 612 N.Y.S.2d 967, 1994 N.Y. App. Div. LEXIS 4452

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published

Opinion

—Appeal from an order of the Supreme Court (Harris, J.), entered August 11, 1993 in Albany County, which denied plaintiff’s motion for a preliminary injunction.

Supreme Court correctly rejected plaintiff’s request for a preliminary injunction in light of the fact that the motion was not part of a pending action or proceeding. Moreover, even if the allegations in plaintiff’s motion papers were construed as an inartful attempt to commence a CPLR article 78 proceeding, such an attempt would fail because of the lack of compliance with the procedural requirements for commencing such a proceeding.

Cardona, P. J., White, Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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—Appeal from an order of the Supreme Court (Harris, J.), entered August 11, 1993 in Albany County, which denied plaintiff’s motion for a preliminary injunction.

Supreme Court correctly rejected plaintiff’s request for a preliminary injunction in light of the fact that the motion was not part of a pending action or proceeding. Moreover, even if the allegations in plaintiff’s motion papers were construed as an inartful attempt to commence a CPLR article 78 proceeding, such an attempt would fail because of the lack of compliance with the procedural requirements for commencing such a proceeding.

Cardona, P. J., White, Casey, Weiss and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

Glover v. Coughlin, 203 A.D.2d 846, 612 N.Y.S.2d 967, 1994 N.Y. App. Div. LEXIS 4452 (N.Y. Ct. App. 1994).

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203 A.D.2d 846 (Glover v. Coughlin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.