Lee v. Dalsheim

Appellate Division of the Supreme Court of New York

Lee v. Dalsheim

92 A.D.2d 895, 459 N.Y.S.2d 1023, 1983 N.Y. App. Div. LEXIS 17290

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

DecidedMarch 14, 1983

StatusPublished

This text of 92 A.D.2d 895 (Lee v. Dalsheim) 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

Lee v. Dalsheim, 92 A.D.2d 895, 459 N.Y.S.2d 1023, 1983 N.Y. App. Div. LEXIS 17290 (N.Y. Ct. App. 1983).

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Opinion

— In a pro[896]*896ceeding pursuant to CPLR article 78 to review a determination of respondent which found petitioner to have improperly possessed contraband and imposed punishment, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Aldrich, J.), entered January 18, 1982, which dismissed the proceeding. Judgment reversed, on the law, without costs or disbursements, petition granted, determination annulled, and the charge against petitioner is dismissed. In light of petitioner’s credible explanation as to his innocent possession of the contraband and the lack of any evidence to refute this explanation, the challenged determination lacks any support in the record. Damiani, J. P., Titone, Gulotta and Rubin, JJ., concur.

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— In a pro[896]*896ceeding pursuant to CPLR article 78 to review a determination of respondent which found petitioner to have improperly possessed contraband and imposed punishment, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Aldrich, J.), entered January 18, 1982, which dismissed the proceeding. Judgment reversed, on the law, without costs or disbursements, petition granted, determination annulled, and the charge against petitioner is dismissed. In light of petitioner’s credible explanation as to his innocent possession of the contraband and the lack of any evidence to refute this explanation, the challenged determination lacks any support in the record. Damiani, J. P., Titone, Gulotta and Rubin, JJ., concur.

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Bluebook (online)

92 A.D.2d 895, 459 N.Y.S.2d 1023, 1983 N.Y. App. Div. LEXIS 17290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-dalsheim-nyappdiv-1983.