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MATTER OF EDEM v. STATE

2009-08194, (Index No. 80086/09).

74 A.D.3d 1062 (2010)

902 N.Y.S.2d 381

In the Matter of EDMUND OROK EDEM, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided June 15, 2010.

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

A CPLR article 78 proceeding cannot be used to challenge a determination which can be adequately reviewed by appeal to a court (see CPLR 7801 [1]), or where the petitioner fails to establish a clear legal right to the remedy sought (see Matter of Altamore v Barrios-Paoli, 90 N.Y.2d 378, 385 [1997]; Matter of Haggerty v Himelein, ...

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