Nelson v. Coughlin
| Decision Date | 21 November 1985 |
| Citation | 495 N.Y.S.2d 528,115 A.D.2d 131 |
| Parties | In the Matter of William NELSON, Appellant, v. Thomas COUGHLIN, III, as Commissioner of New York State Department of Correctional Services, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
William Nelson, pro se.
Robert Abrams, Atty. Gen. (Nancy A. Spiegel & Linda J. Cohen, of counsel), Albany, for respondents.
Before MAHONEY, P.J., and MAIN, WEISS, YESAWICH and HARVEY, JJ.
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered August 10, 1984 in Clinton County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain disciplinary rules.
At petitioner's request, Special Term granted an order to show cause commencing a CPLR article 78 proceeding seeking annulment of two inmate disciplinary proceedings. In his petition, petitioner also asserted a claim for money damages. Prior to the return date, Special Term, sua sponte, dismissed the petition in its entirety upon the ground that it did not contain sufficient factual allegations to entitle petitioner to any relief.
Special Term was well within its authority in dismissing that portion of the petition claiming money damages, a claim which must be asserted in the Court of Claims (County of Onondaga v. New York State Dept. of Correctional Servs., 97 A.D.2d 957, 468 N.Y.S.2d 760). As is often the case, this inmate's pro se petition and supporting documents are repetitive, conclusory and, in many respects, a recitation of immaterial assertions. However, after a painstaking examination, we conclude that although sufficient facts are not alleged in the petition itself, the supporting papers do allege circumstances which, in our opinion, require a further evidentiary examination. If a defective petition is saved by the supporting affidavits, a court should entertain the petition where nothing will be gained by a dismissal or amendment (McLaughlin, Practice Commentaries, McKinney's Cons.Laws of N.Y., Book 7B, CPLR C402:1, pp. 483-484; see also, Matter of Reich v. Power, 30 A.D.2d 925, 294 N.Y.S.2d 346, affd. 22 N.Y.2d 887, 294 N.Y.S.2d 99, 241 N.E.2d 135; Sackinger v. Nevins, 114 Misc.2d 454, 460, 451 N.Y.S.2d 1005).
It seems that Special Term must make a determination as to the necessity and propriety of prison officials...
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