Legal Opinion

Kirshtein v. New York State Department of Corrections & Community Supervision

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

Decided September 22, 2016No. 522713PublishedCited by 6 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 the Superintendent of Eastern Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules following a tier II hearing. The Attorney General has advised this Court that the determination at issue has since been administratively reversed, all references thereto have…

2Cases cited2 opinions

  1. Matter of Ballard v. RacetteAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by6 opinions

  1. Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Wallace v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2017
  4. Waters v. PurdyAppellate Division of the Supreme Court of the State of New York · 2017
  5. Waters v. PurdyAppellate Division of the Supreme Court of the State of New York · 2017

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