Melette v. State

Appellate Division of the Supreme Court of New York

Melette v. State

163 A.D.2d 703, 559 N.Y.S.2d 801, 1990 N.Y. App. Div. LEXIS 8397

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

DecidedJuly 12, 1990

StatusPublished

This text of 163 A.D.2d 703 (Melette v. State) 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

Melette v. State, 163 A.D.2d 703, 559 N.Y.S.2d 801, 1990 N.Y. App. Div. LEXIS 8397 (N.Y. Ct. App. 1990).

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Opinion

Appeal from an order of the Court of Claims (Silverman, J.), entered October 16, 1989, which granted the State’s motion to dismiss the claim.

Since claimant seeks to recover damages for wrongful confinement imposed as the result of a prison disciplinary proceeding, the claim was properly dismissed on the ground of absolute immunity (see, Arteaga v State of New York, 72 NY2d 212).

Order affirmed, without costs. Kane, J. P., Casey, Weiss, Mikoll and Harvey, JJ., concur.

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Appeal from an order of the Court of Claims (Silverman, J.), entered October 16, 1989, which granted the State’s motion to dismiss the claim.

Since claimant seeks to recover damages for wrongful confinement imposed as the result of a prison disciplinary proceeding, the claim was properly dismissed on the ground of absolute immunity (see, Arteaga v State of New York, 72 NY2d 212).

Order affirmed, without costs. Kane, J. P., Casey, Weiss, Mikoll and Harvey, JJ., concur.

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Bluebook (online)

163 A.D.2d 703, 559 N.Y.S.2d 801, 1990 N.Y. App. Div. LEXIS 8397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melette-v-state-nyappdiv-1990.

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