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Matter of Howard v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 1011 (N.Y. App. Div. 1985)

Opinion

December 20, 1985

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Dillon, P.J., Denman, Green, O'Donnell and Schnepp, JJ.


Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Petitioner waived his right to challenge the legality of a Superintendent's proceeding by refusing to attend the hearing (Matter of Payne v Smith, 97 A.D.2d 960; see also, Matter of Morrison v Coughlin, 101 A.D.2d 943, 944, lv denied 63 N.Y.2d 605; People ex rel. Morgan v La Vallee, 49 A.D.2d 652, lv. denied 37 N.Y.2d 710). In any event, petitioner's claim that a written misbehavior report did not constitute substantial evidence in support of the determination is without merit (see, Matter of Semper v Smith, 66 N.Y.2d 130).


Summaries of

Matter of Howard v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 1011 (N.Y. App. Div. 1985)
Case details for

Matter of Howard v. Kelly

Case Details

Full title:In the Matter of CLIFFORD HOWARD, Respondent, v. WALTER R. KELLY, as…

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

Date published: Dec 20, 1985

Citations

115 A.D.2d 1011 (N.Y. App. Div. 1985)

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