Polite v. Goord

Appellate Division of the Supreme Court of New York

Polite v. Goord

245 A.D.2d 1109, 666 N.Y.S.2d 94

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

DecidedDecember 31, 1997

StatusPublished

This text of 245 A.D.2d 1109 (Polite v. Goord) 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

Polite v. Goord, 245 A.D.2d 1109, 666 N.Y.S.2d 94 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul a determination that he violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]) by possessing the materials of an unauthorized organization. Supreme Court erred in transferring the proceeding to this Court without first requiring respondent to submit a complete record. Respondent failed to submit as part of its answer the papers considered by the Hearing Officer in reaching the determination of guilt (see, Matter of Dupree v Scully, 100 AD2d 966). Thus, we vacate the [1110]*1110order of transfer and remit the matter to Supreme Court for further proceedings regarding the submission of a complete record. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Den-man, P. J., Green, Callahan, Balio and Fallon, JJ.

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—Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul a determination that he violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]) by possessing the materials of an unauthorized organization. Supreme Court erred in transferring the proceeding to this Court without first requiring respondent to submit a complete record. Respondent failed to submit as part of its answer the papers considered by the Hearing Officer in reaching the determination of guilt (see, Matter of Dupree v Scully, 100 AD2d 966). Thus, we vacate the [1110]*1110order of transfer and remit the matter to Supreme Court for further proceedings regarding the submission of a complete record. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Den-man, P. J., Green, Callahan, Balio and Fallon, JJ.

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245 A.D.2d 1109, 666 N.Y.S.2d 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polite-v-goord-nyappdiv-1997.

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