Walker v. Scully

Appellate Division of the Supreme Court of New York

Walker v. Scully

106 A.D.2d 577, 484 N.Y.S.2d 1013, 1984 N.Y. App. Div. LEXIS 20646

Appellate Division of the Supreme Court of the State of New York·Decided December 24, 1984·Published

Opinion

In an article 78 proceeding in the nature of mandamus to compel the respondent warden to comply with a certain directive of the Department of Correctional Services, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated December 13, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The issuance of the extraordinary remedy of mandamus to compel does not lie in the instant matter. Accordingly, the [578]*578proceeding was properly dismissed (see Legal Aid Soc. v Ward, 61 NY2d 744). Titone, J. P., Mangano, Brown and Rubin, JJ., concur.

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

In an article 78 proceeding in the nature of mandamus to compel the respondent warden to comply with a certain directive of the Department of Correctional Services, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated December 13, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The issuance of the extraordinary remedy of mandamus to compel does not lie in the instant matter. Accordingly, the [578]*578proceeding was properly dismissed (see Legal Aid Soc. v Ward, 61 NY2d 744). Titone, J. P., Mangano, Brown and Rubin, JJ., concur.

Walker v. Scully, 106 A.D.2d 577, 484 N.Y.S.2d 1013, 1984 N.Y. App. Div. LEXIS 20646 (N.Y. Ct. App. 1984).

Pincite

106 A.D.2d 577 (Walker v. Scully) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related