Shaffer v. Hoke

Appellate Division of the Supreme Court of New York

Shaffer v. Hoke

140 A.D.2d 859, 528 N.Y.S.2d 801, 1988 N.Y. App. Div. LEXIS 5335

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

DecidedMay 19, 1988

StatusPublished

This text of 140 A.D.2d 859 (Shaffer v. Hoke) 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

Shaffer v. Hoke, 140 A.D.2d 859, 528 N.Y.S.2d 801, 1988 N.Y. App. Div. LEXIS 5335 (N.Y. Ct. App. 1988).

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Opinion

— Mahoney, P. J.

Petitioner, an inmate at Eastern Correctional Facility, commenced this CPLR article 78 proceeding to challenge a disciplinary determination. The proceeding was dismissed for failure to affect service on respondent in the proper manner. Here, as in Matter of Davis v Coughlin (96 AD2d 682), the Attorney-General acknowledges that inmates are unlikely to be able to commence CPLR article 78 proceedings in the normal manner. Accordingly, he concurs with petitioner’s request that this matter be remitted to Supreme Court for the issuance of an order to show cause authorizing commencement of the proceeding by such means and upon such conditions as Supreme Court deems suitable.

Judgment reversed, on the facts, without costs, and matter remitted to the Supreme Court for further proceedings not inconsistent with this court’s decision. Mahoney, P. J., Weiss, Levine, Harvey and Mercure, JJ., concur.

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— Mahoney, P. J.

Petitioner, an inmate at Eastern Correctional Facility, commenced this CPLR article 78 proceeding to challenge a disciplinary determination. The proceeding was dismissed for failure to affect service on respondent in the proper manner. Here, as in Matter of Davis v Coughlin (96 AD2d 682), the Attorney-General acknowledges that inmates are unlikely to be able to commence CPLR article 78 proceedings in the normal manner. Accordingly, he concurs with petitioner’s request that this matter be remitted to Supreme Court for the issuance of an order to show cause authorizing commencement of the proceeding by such means and upon such conditions as Supreme Court deems suitable.

Judgment reversed, on the facts, without costs, and matter remitted to the Supreme Court for further proceedings not inconsistent with this court’s decision. Mahoney, P. J., Weiss, Levine, Harvey and Mercure, JJ., concur.

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Bluebook (online)

140 A.D.2d 859, 528 N.Y.S.2d 801, 1988 N.Y. App. Div. LEXIS 5335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaffer-v-hoke-nyappdiv-1988.

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