Howard v. Kelly

Appellate Division of the Supreme Court of New York

Howard v. Kelly

117 A.D.2d 1002, 499 N.Y.S.2d 547, 1986 N.Y. App. Div. LEXIS 53246

Procedural entryThis page is a short order in Howard v. Kelly. Read the opinion of the Court — 115 A.D.2d 1011 →

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1986·Published

Opinion

—Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Petitioner waived his right to challenge respondents’ decision by failing to attend the disciplinary hearing held November 23, 1984 at the Ossining Correctional Facility (Matter of Payne v Smith, 97 AD2d 960; see also, Matter of Morrison v Coughlin, 101 AD2d 943, 944, lv denied 63 NY2d 605; People ex rel. Morgan v La Vallee, 49 AD2d 652, lv denied 37 NY2d 710). (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: Petitioner waived his right to challenge respondents’ decision by failing to attend the disciplinary hearing held November 23, 1984 at the Ossining Correctional Facility (Matter of Payne v Smith, 97 AD2d 960; see also, Matter of Morrison v Coughlin, 101 AD2d 943, 944, lv denied 63 NY2d 605; People ex rel. Morgan v La Vallee, 49 AD2d 652, lv denied 37 NY2d 710). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. —art 78.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

Howard v. Kelly, 117 A.D.2d 1002, 499 N.Y.S.2d 547, 1986 N.Y. App. Div. LEXIS 53246 (N.Y. Ct. App. 1986).

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Opinion

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