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MATTER OF HALL v. COUGHLIN

188 A.D.2d 792 (1992)

In the Matter of Ralph R. Hall, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

December 10, 1992

"Prohibition is not available to prevent administrative action unless the agency is acting in a judicial or quasi-judicial capacity" (Matter of American Tr. Ins. Co. v Corcoran, 65 N.Y.2d 828, 830). When an administrative body promulgates regulations such as the ones at issue in the instant proceeding, it acts in a legislative rather than a judicial or quasi-judicial capacity (see, Matter of Timber Point Homes v County...

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