Legal Opinion

Hernandez v. Selsky

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

Decided May 21, 2009PublishedCited by 10 opinions

1Opinion of the Court

*1178Proceeding 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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possession of a fermenting substance. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty and a penalty was imposed. Petitioner’s administrative appeal and subsequent request for reconsideration proved unsuccessful, prompting him to…

2Cases cited8 opinions

  1. Retamozzo v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2006
  2. Johnson v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  3. Collins v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. O'Reilly v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  5. Ramos v. BennettAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by10 opinions

  1. Tulloch v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Benito v. CaleroAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Clark v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Faulks v. FischerAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

5 more not listed; retrieve them via the Exa API.

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