Matter of Valdez v. Williams

Full title: In the Matter of FRANCISCO VALDEZ, Petitioner, v. MELVIN WILLIAMS, as…

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

Date published: Dec 31, 1998

256 A.D.2d 1118 (N.Y. App. Div. 1998)

683 N.Y.S.2d 466

Opinion

December 31, 1998

Appeal from the Supreme Court, Erie County, O'Donnell, J.

Proceeding unanimously dismissed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul a determination that he violated certain inmate rules. Because a prior proceeding was pending for that same relief and has now been decided by this Court on the merits ( Matter of Valdez v. Williams, 256 A.D.2d 1118 [decided herewith]; see, CPLR 7804 [g], the instant proceeding is dismissed (see, CPLR 3211 [a] [4]).

Present — Green, J. P., Wisner, Hayes, Balio and Fallon, JJ.