Stapleton v. Kelly

Appellate Division of the Supreme Court of New York

Stapleton v. Kelly

152 A.D.2d 1011, 544 N.Y.S.2d 738, 1989 N.Y. App. Div. LEXIS 9984

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

DecidedJuly 12, 1989

StatusPublished

This text of 152 A.D.2d 1011 (Stapleton v. Kelly) 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

Stapleton v. Kelly, 152 A.D.2d 1011, 544 N.Y.S.2d 738, 1989 N.Y. App. Div. LEXIS 9984 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: The only issue raised in this CPLR article 78 proceeding is whether the determination is supported by substantial evidence. The matter should have been transferred to this court (see, CPLR 7804 [g]), and we will consider it as if it had been properly transferred in the first instance (see, Matter of Melvin v Kelly, 126

[1012]*1012AD2d 956, Iv denied 69 NY2d 609; Matter of Curl v Kelly, 125 AD2d 948).

The determination was based on the written report and oral testimony of the charging officer, as well as petitioner’s admission. It was supported by substantial evidence and must be confirmed (see, People ex rel. Vega v Smith, 66 NY2d 130; Matter of Melvin v Kelly, supra). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: The only issue raised in this CPLR article 78 proceeding is whether the determination is supported by substantial evidence. The matter should have been transferred to this court (see, CPLR 7804 [g]), and we will consider it as if it had been properly transferred in the first instance (see, Matter of Melvin v Kelly, 126

[1012]*1012AD2d 956, Iv denied 69 NY2d 609; Matter of Curl v Kelly, 125 AD2d 948).

The determination was based on the written report and oral testimony of the charging officer, as well as petitioner’s admission. It was supported by substantial evidence and must be confirmed (see, People ex rel. Vega v Smith, 66 NY2d 130; Matter of Melvin v Kelly, supra). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

152 A.D.2d 1011, 544 N.Y.S.2d 738, 1989 N.Y. App. Div. LEXIS 9984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stapleton-v-kelly-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack