Opinion
No. 187.
Decided September 8, 2009.
REARGUMENT of an appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered April 26, 2007. The Appellate Division affirmed an order of the Supreme Court, Clinton County (Patrick R. McGill, J.), which had granted defendants' motion to dismiss the complaint. Following the dismissal by the Court of Appeals of the original appeal on the ground that no substantial constitutional question was directly involved ( 9 NY3d 985), the United States Supreme Court vacated the judgment and remanded ( 556 US ___, 129 S Ct 2734) to the Court of Appeals for further consideration in light of Haywood v Drown ( 556 US ___, 129 S Ct 2108).
Plaintiff inmate commenced this action seeking damages from employees of the Department of Correctional Services claiming that decisions they made in the context of their official duties were either negligent, in violation of his constitutional rights and/or in violation of 42 USC § 1983. The Appellate Division concluded that Supreme Court did not have subject matter jurisdiction and rejected plaintiffs argument that Correction Law § 24 violates the Supremacy Clause of the US Constitution.
See Koehl v Mirza, 39 AD3d 1092.
Edward Koehl, appellant pro se.
Andrew M. Cuomo, Attorney General, Albany ( Robert M. Goldfarb, Barbara D. Underwood and Andrea Oser of counsel), for respondents.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
Upon reargument, following remand by the Supreme Court of the United States, this Court's November 27, 2007 dismissal order vacated and appeal reinstated ( see Koehl v Mirza, 556 US ___, 129 S Ct 2734; Haywood v Drown, 556 US ___, 129 S Ct 2108).