Legal Opinion

Matter of Rosales v. Annucci

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 2017No. 781 CA 16-00710PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.) entered February 2, 2016 pursuant to a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated inmate rules 113.25 (7 NYCRR 270.2 [B] [14] [xv] [drug possession]), and 113.23 (7 NYCRR 270.2 [B] [14] [xiii] [contraband]). Supreme…

2Cases cited14 opinions

  1. Edwards v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. McFadden v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Jones v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Weaken v. Deputy Superintendent BishAppellate Division of the Supreme Court of the State of New York · 2003
  5. Green v. StichtAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by3 opinions

  1. Matter of Doane v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  2. Matter of Watson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  3. Matter of White v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020

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