Kuriansky v. Allen

Appellate Division of the Supreme Court of New York

Kuriansky v. Allen

214 A.D.2d 514, 625 N.Y.S.2d 906, 1995 N.Y. App. Div. LEXIS 4601

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

DecidedApril 27, 1995

StatusPublished

This text of 214 A.D.2d 514 (Kuriansky v. Allen) 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

Kuriansky v. Allen, 214 A.D.2d 514, 625 N.Y.S.2d 906, 1995 N.Y. App. Div. LEXIS 4601 (N.Y. Ct. App. 1995).

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Opinion

Petition, brought pursuant to CPLR article 78, for an order mandating the respondent Justice to, inter alia, vacate his order, dated December 20, 1994, resentencing respondent Abdolhosein Baghai-Kermani in the mat[515]*515ter entitled People v Baghai-Kermani, (165 Mise 2d 1), unanimously denied, and the proceeding dismissed, without prejudice and without costs.

As petitioner concedes, he is entitled to appeal the order in which respondent Justice Bruce Allen reduced the sentence of respondent Abdolhosein Baghai-Kermani imposed in the criminal matter entitled People v Baghai-Kermani (supra.) Since an adequate remedy is available to petitioner by way of appeal, there is no reason for this Court to review the order pursuant to article 78 (see, Matter of Molea v Marasco, 64 NY2d 718, 720). Concur—Sullivan, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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Petition, brought pursuant to CPLR article 78, for an order mandating the respondent Justice to, inter alia, vacate his order, dated December 20, 1994, resentencing respondent Abdolhosein Baghai-Kermani in the mat[515]*515ter entitled People v Baghai-Kermani, (165 Mise 2d 1), unanimously denied, and the proceeding dismissed, without prejudice and without costs.

As petitioner concedes, he is entitled to appeal the order in which respondent Justice Bruce Allen reduced the sentence of respondent Abdolhosein Baghai-Kermani imposed in the criminal matter entitled People v Baghai-Kermani (supra.) Since an adequate remedy is available to petitioner by way of appeal, there is no reason for this Court to review the order pursuant to article 78 (see, Matter of Molea v Marasco, 64 NY2d 718, 720). Concur—Sullivan, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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Bluebook (online)

214 A.D.2d 514, 625 N.Y.S.2d 906, 1995 N.Y. App. Div. LEXIS 4601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuriansky-v-allen-nyappdiv-1995.

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