Appellate Division of the Supreme Court of New York, 1990

Melette v. State

Melette v. State
Appellate Division of the Supreme Court of New York · Decided July 12, 1990
163 A.D.2d 703; 559 N.Y.S.2d 801; 1990 N.Y. App. Div. LEXIS 8397
Melette v. State

Opinion of the Court

Appeal from an order of the Court of Claims (Silverman, J.), entered October 16, 1989, which granted the State’s motion to dismiss the claim.

Since claimant seeks to recover damages for wrongful confinement imposed as the result of a prison disciplinary proceeding, the claim was properly dismissed on the ground of absolute immunity (see, Arteaga v State of New York, 72 NY2d 212).

Order affirmed, without costs. Kane, J. P., Casey, Weiss, Mikoll and Harvey, JJ., concur.

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