McMillan v. State

Full title: GEORGE McMILLAN, Appellant, v. STATE OF NEW YORK, Respondent

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

Date published: Nov 24, 1986

124 A.D.2d 791 (N.Y. App. Div. 1986)

Opinion

November 24, 1986

Appeal from the Court of Claims (McCabe, J.).

Ordered that the order is affirmed, without costs or disbursements.

The instant claim was properly dismissed on the basis of lack of subject matter jurisdiction. In so holding, however, we note that the claimant was entitled to an administrative hearing under the regulations concerning the assignment of inmates to special housing units (see, 7 N.Y.CRR part 300). Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.