Rivera v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Harvey, J.
Petitioner, while an inmate at Eastern Correctional Facility in Ulster County, was found guilty after a Superintendent’s hearing of violating an institutional rule prohibiting fighting. He received a penalty of one year in the special housing unit (hereinafter SHU). Petitioner proceeded with an administrative appeal (see, 7 NYCRR 254.8). Petitioner requested a copy of the tape of the hearing. Although a copy was made, petitioner was denied access to the tape since 7 NYCRR 301.3, which restricts the items of personal property an inmate may have while in SHU, does…
2Cases cited6 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- In re David C.New York Court of Appeals · 1987
- New York Public Interest Research Group, Inc. v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
- Jacob v. WinchAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by6 opinions
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- Turner v. NewtonAppellate Division of the Supreme Court of the State of New York · 2000
- Murrell v. DubrayAppellate Division of the Supreme Court of the State of New York · 2008
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