Legal Opinion

Washington v. Napoli

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

Decided April 23, 2009PublishedCited by 9 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits making threats. A tier II disciplinary hearing ensued, at the conclusion of which the Hearing Officer found petitioner guilty and imposed a penalty. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding to annul…

2Cases cited5 opinions

  1. Smith v. PortuondoAppellate Division of the Supreme Court of the State of New York · 2003
  2. Frazier v. ArtusAppellate Division of the Supreme Court of the State of New York · 2007
  3. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Perkins v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  5. Edwards v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by9 opinions

  1. Hinton v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Holmes v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Pertillar v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Tafari v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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