Legal Opinion

Donato v. Duncan

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

Decided May 18, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of lewd exposure and being out of place. Contrary to petitioner’s contention, the misbehavior report, together with the testimony of the correction officer who authored it after observing *769petitioner’s conduct, as well as petitioner’s own testimony, provide substantial…

2Cases cited3 opinions

  1. McNair v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  2. Garnette v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Farrakhan v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. Pena v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008

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