Legal Opinion

Kalwasinski v. Prack

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

Decided November 6, 2014Published

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was involved in an incident on July 12, 2013 in which he yelled at a facility nurse, made graphic threats, remarks and gestures to her and a correction officer while nude in his cell, and kicked the cell door, conduct which continued after he was ordered to stop. Petitioner was charged in…

2Cases cited11 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Perez v. WilmotNew York Court of Appeals · 1986
  3. Green v. BradtAppellate Division of the Supreme Court of the State of New York · 2012
  4. Amaker v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  5. Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011

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