Legal Opinion
Encarnacion v. Goord
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 2006PublishedCited by 5 opinions
1Opinion of the Court
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 a prison disciplinary rule.
After receiving medication, petitioner failed to comply with the nurse’s direct order to lift his tongue as part of an oral mouth check to confirm that the medication was swallowed. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits disobeying a direct order. At the ensuing disciplinary hearing,…
2Cases cited10 opinions
- Encarnacion v. ContigugliaNew York Court of Appeals · 2001
- Hop-Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
- Wayering v. County of St. LawrenceAppellate Division of the Supreme Court of the State of New York · 1988
- MATTER OF HOP-WAH v. CoughlinNew York Court of Appeals · 1987
- Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by5 opinions
- Adams v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Rivera v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Madrigal v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Madrigal v. FischerAppellate Division of the Supreme Court of the State of New York · 2013