1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 73 A.D.2d
  5. 73 A.D.2d 824 (1979)
 

MATTER OF ALLISON v. NEW YORK STATE DEP'T OF CORR. SERVS.

73 A.D.2d 824 (1979)

In the Matter of Renia Allison et al., Appellants, v. New York State Department of Correctional Services et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 14, 1979

Judgment unanimously vacated, without costs.

Memorandum:

Special Term erred in denying petitioners' application for an order to show cause as without merit and dismissing the petition. An order to show cause is simply a substitute for a notice of motion as a device for bringing on a special proceeding. The merits of the petition are not reached in granting or denying the order (see 2 Carmody-Wait 2d, NY Prac, § 8:43, p 73; Siegel, New York Practice...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases