From Casetext: Smarter Legal Research

McMillan v. State of New York

Court of Appeals of the State of New York
Jul 6, 1988
528 N.E.2d 508 (N.Y. 1988)

Opinion

Decided July 6, 1988

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Peter A. McCabe, Jr., J.

George McMillan, appellant pro se. Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Denise A. Hartman of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Claimant, an inmate at a State correctional facility, commenced this action to recover damages for allegedly wrongful confinement in a special housing unit following his refusal to accept a work assignment. The only issue we need consider on this appeal is claimant's argument that he is entitled to recover damages on a common-law tort theory of false imprisonment or wrongful excessive confinement because he was confined in a special housing unit in violation of the State's own regulations (cf., Arteaga v State of New York, 72 N.Y.2d 212). However, because this argument was raised for the first time at the Appellate Division, it is unpreserved for our review.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, in a memorandum.


Summaries of

McMillan v. State of New York

Court of Appeals of the State of New York
Jul 6, 1988
528 N.E.2d 508 (N.Y. 1988)
Case details for

McMillan v. State of New York

Case Details

Full title:GEORGE McMILLAN, Appellant, v. STATE OF NEW YORK, Respondent

Court:Court of Appeals of the State of New York

Date published: Jul 6, 1988

Citations

528 N.E.2d 508 (N.Y. 1988)
528 N.E.2d 508
532 N.Y.S.2d 355

Citing Cases

Trendell v. State

We reject claimant's contention on this ground, noting that he consented to bifurcation and then failed to…

IG SECOND GENERATION v. N.Y

I. Intervenor's brief does not state any ground to reverse the Appellate Division decision and order. II.…