# Burgos v. Coughlin

> Appellate Division of the Supreme Court of the State of New York · May 9, 1985 · 108 A.D.2d 194

URL: https://www.frixlaw.com/law-library/cases/5875043

## Case

- **Full name:** In the Matter of Angel Burgos v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, (And Five Other Proceedings.)
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 9, 1985
- **Citations:** 108 A.D.2d 194; 488 N.Y.S.2d 847; 1985 N.Y. App. Div. LEXIS 42949
- **Precedential status:** Published
- **Opinion:** Concurrence by Levine
- **Judges:** Levine, Mahoney
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5875043

## Opinion text

Levine, J.
(concurring). Since the Court of Appeals in Matter of Garcia v LeFevre ( 64 NY2d 1001 ) did not reach the dispositive issue in the instant cases, the position of the majority in our Garcia decision ( 102 AD2d 1004 ) still controls. Therefore, I am constrained to concur.
Kane, Casey and Weiss, JJ., concur with Mahoney, P. J.; Levine, J., concurs in a separate opinion.
Determinations confirmed, and petitions dismissed, without costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5875043. Public record. Not legal advice.