Legal Opinion

Rodriguez v. Leclaire

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

Decided November 21, 2007Published

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 certain prison disciplinary rules.

Following a tier III disciplinary hearing, petitioner was found guilty of unauthorized exchange, smuggling and a facility correspondence violation. The determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence in the form…

2Cases cited3 opinions

  1. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Garcia v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Knight v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005

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