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Ambriano v. Curiale

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 272 (N.Y. App. Div. 1995)

Opinion

December 12, 1995

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The IAS Court properly denied the preliminary injunction plaintiffs seek. Even if plaintiffs had made a persuasive showing that defendant has prejudged their case with evidence unrelated to the specific charges against them, and, for the reasons stated by the IAS Court, they did not, there can simply be no harm, irreparable or otherwise, until there has been an adverse determination. In that event, plaintiffs' remedy is a CPLR article 78 proceeding, which would automatically stay such a determination for 30 days, with the possibility of a further court-ordered stay upon a showing of lack of injury to the interests of the public (Insurance Law § 2124). There being no basis for enjoining the hearing, including adjudicatory delay ( see, Matter of Cortlandt Nursing Home v Axelrod, 66 N.Y.2d 169, 180, cert denied 476 U.S. 1115), the action was properly dismissed.

Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Ambriano v. Curiale

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 272 (N.Y. App. Div. 1995)
Case details for

Ambriano v. Curiale

Case Details

Full title:JOSEPH F. AMBRIANO et al., Appellants, v. SALVATORE CURIALE, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 12, 1995

Citations

222 A.D.2d 272 (N.Y. App. Div. 1995)
635 N.Y.S.2d 20