Legal Opinion

Matter of McCray v. Lee

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

Decided October 21, 2015No. 2014-06859Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Green Haven Correctional Facility, dated December 19, 2013, which confirmed a decision of a hearing officer dated December 16, 2013, made after a tier II disciplinary hearing, found the petitioner guilty of violating Institutional Rules of Conduct rules 116.10 (7 NYCRR 270.2 [B] [17] [i]) and 116.11 (7 NYCRR 270.2 [B] [17] [ii]), and imposed penalties.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Cont…

2Cases cited7 opinions

  1. Khan v. New York State Department of HealthNew York Court of Appeals · 2001
  2. Cooper v. SmithNew York Court of Appeals · 1984
  3. Mills v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Carlisle v. LeeAppellate Division of the Supreme Court of the State of New York · 2012
  5. Topsy v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012

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