Legal Opinion
Costello v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2006PublishedCited by 8 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
After petitioner was observed by a female correction officer sitting in a telephone booth across from her desk not talking on the telephone, but staring at her with his hand inside his pants, he was found guilty following a tier III disciplinary hearing of the charge of harassment. The determination was affirmed on administrative…
2Cases cited4 opinions
- Applewhite v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Dagnone v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- Carbuccia v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- Russell v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by8 opinions
- McFadden v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Gaston v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Harris v. FletcherAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Tigner v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021
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