From Casetext: Smarter Legal Research

Matter of Rivera v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Dec 3, 1992
188 A.D.2d 725 (N.Y. App. Div. 1992)

Opinion

December 3, 1992

Appeal from the Supreme Court, Sullivan County (Kane, J.).


Petitioner challenges the promulgation of regulations imposing a surcharge upon a finding that an inmate is guilty of violating disciplinary rules after certain types of disciplinary proceedings. An administrative body promulgating such regulations acts in a legislative capacity (see, Matter of Timber Point Homes v County of Suffolk, 155 A.D.2d 671, 674). Prohibition is unavailable where, as here, the challenge is to an administrative body's legislative-type actions (see, Matter of American Tr. Ins. Co. v Corcoran, 65 N.Y.2d 828, 830). Given the ability of petitioner to raise the validity of the regulations in an administrative appeal and by way of a proceeding pursuant to CPLR article 78 if they are ever applied to him, we find no reason here to convert this proceeding to a declaratory judgment action (see, Matter of City of Newburgh v Public Empl. Relations Bd., 63 N.Y.2d 793; Bower Gardner v Evans, 60 N.Y.2d 781).

Mikoll, J.P., Yesawich Jr., Levine, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Rivera v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Dec 3, 1992
188 A.D.2d 725 (N.Y. App. Div. 1992)
Case details for

Matter of Rivera v. Coughlin

Case Details

Full title:In the Matter of JUAN A. RIVERA, Appellant, v. THOMAS A. COUGHLIN…

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

Date published: Dec 3, 1992

Citations

188 A.D.2d 725 (N.Y. App. Div. 1992)
590 N.Y.S.2d 602

Citing Cases

Matter of Scatico v. Columbia County Dept

According to petitioner, the doctrine of res judicata precludes respondent from pursuing violations which…

Matter of Essenberg v. Kresky

"Prohibition may be maintained solely to prevent or control a body or officer acting in a judicial or…