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In re Erie County Correctional Facility

186 A.D.2d 1045, 590 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 11646
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 7, 1992
StatusPublished

This text of 186 A.D.2d 1045 (In re Erie County Correctional Facility) 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
In re Erie County Correctional Facility, 186 A.D.2d 1045, 590 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 11646 (N.Y. Ct. App. 1992).

Opinion

— Order unanimously affirmed without costs. Memorandum: Because the administrative agency and presiding officer conducting these disciplinary proceedings have expressly been delegated the specific statutory authority to issue subpoenas duces tecum (see, Education Law § 6510 [3] [a]; [4]; State Administrative Procedure Act § 304 [2]), Supreme Court properly denied the Erie County Correctional Facility’s CPLR 2307 application without prejudice to its renewal before the presiding officer (Matter of Irwin v Board of Regents, 27 NY2d 292, 296-297; Matter of Anonymous v State Dept. of Health, 173 AD2d 988, 989; Matter of Whalan v John P., 72 [1046]*1046AD2d 961, 962). (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Subpoena Duces Tecum.) Present— Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.

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Related

Irwin v. Board of Regents
265 N.E.2d 752 (New York Court of Appeals, 1970)
Whalen v. John P.
72 A.D.2d 961 (Appellate Division of the Supreme Court of New York, 1979)
Anonymous v. State Department of Health
173 A.D.2d 988 (Appellate Division of the Supreme Court of New York, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
186 A.D.2d 1045, 590 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 11646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-erie-county-correctional-facility-nyappdiv-1992.