Tafari v. Coughlin

Appellate Division of the Supreme Court of New York

Tafari v. Coughlin

156 A.D.2d 942, 550 N.Y.S.2d 862, 1989 N.Y. App. Div. LEXIS 16087

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

DecidedDecember 20, 1989

StatusPublished

This text of 156 A.D.2d 942 (Tafari v. Coughlin) 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

Tafari v. Coughlin, 156 A.D.2d 942, 550 N.Y.S.2d 862, 1989 N.Y. App. Div. LEXIS 16087 (N.Y. Ct. App. 1989).

Pincite

Opinion

Determination unanimously confirmed and petition dismissed. Memorandum: Having failed to object at the Superintendent’s hearing to the alleged defect in completing the drug test form, and having [943]*943failed to raise the issue on his administrative appeal, petitioner may not raise the issue in this CPLR article 78 proceeding (see, Matter of Cushing-Gale v Kelly, 154 AD2d 954; Matter of Samuels v Kelly, 143 AD2d 506, Iv denied 73 NY2d 707; Matter of Krall v Kelly, 142 AD2d 951). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.

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Determination unanimously confirmed and petition dismissed. Memorandum: Having failed to object at the Superintendent’s hearing to the alleged defect in completing the drug test form, and having [943]*943failed to raise the issue on his administrative appeal, petitioner may not raise the issue in this CPLR article 78 proceeding (see, Matter of Cushing-Gale v Kelly, 154 AD2d 954; Matter of Samuels v Kelly, 143 AD2d 506, Iv denied 73 NY2d 707; Matter of Krall v Kelly, 142 AD2d 951). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Boomer, Green, Pine and Balio, JJ.

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Bluebook (online)

156 A.D.2d 942, 550 N.Y.S.2d 862, 1989 N.Y. App. Div. LEXIS 16087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tafari-v-coughlin-nyappdiv-1989.

Opinion

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