Legal Opinion

Matter of Gaston v. Annucci

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

Decided February 2, 2017No. 523035PublishedCited 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 respondent Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possessing an altered item and damaging state property. According to the misbehavior report, petitioner used rubber pads that appeared to be cut from the interior of an athletic ball while exercising in the recreation yard of the correctional facility. Following a…

2Cases cited7 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Matter of Rafael Cortorreal v. Anthony J. AnnucciNew York Court of Appeals · 2016
  3. Amaker v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  4. Garcia v. GarnerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Mitchell v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by8 opinions

  1. Matter of Mears v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  2. Hutchinson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Cruz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Cruz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Cruz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017

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