Legal Opinion

Matter of Cunningham v. Annucci

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

Decided September 21, 2017No. 523783PublishedCited by 5 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 respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating a direct order. * According to the misbehavior report, petitioner, while being escorted with 45 other inmates from the chapel to the main yard, twice yelled a Rastafarian chant which caused other inmates to yell a response back.…

2Cases cited6 opinions

  1. Matter of Telesford v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Harriott v. KoenigsmannAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Jackson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Fulton v. ChaseAppellate Division of the Supreme Court of the State of New York · 2014
  5. Thorpe v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

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

3Cited by5 opinions

  1. Matter of Ballard v. KickbushAppellate Division of the Supreme Court of the State of New York · 2018
  2. Matter of Jackson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
  3. Matter of Moise v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of White v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Williams v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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