Legal Opinion

Kirby v. Leclaire

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

Decided January 31, 2008PublishedCited by 8 opinions

1Opinion of the Court

*1175Proceeding 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.

An investigation revealed that petitioner, a prison inmate, asked his wife to bring marihuana and DVDs into the facility during a visit. When she subsequently arrived at the facility for the visit, several DVDs were confiscated from her, but she did not have any marihuana with her. As a result, petitioner was found guilty following a tier III disciplinary…

2Cases cited4 opinions

  1. Filpo v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. Reddick v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Turner v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Lewis v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by8 opinions

  1. Moore v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Jenkins v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  3. Norris v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Lozada v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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