Legal Opinion

McBride v. Selsky

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

Decided January 28, 1999PublishedCited by 14 opinions

1Opinion of the Court

—Mikoll, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance and assaulting a staff member. Presented in evidence at petitioner’s disciplinary hearing was the inmate misbehavior report which related that a correction officer stopped by petitioner’s cell to determine why he had not joined the line…

2Cases cited5 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Dumpson v. MannAppellate Division of the Supreme Court of the State of New York · 1996
  3. Ayala v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  4. Rodriquez v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
  5. Fenza v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by14 opinions

  1. Burse v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  2. Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Jones v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. Rincon v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  5. Spulka v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

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