Legal Opinion

Mungo v. Director of Special Housing & Inmate Disciplinary Programs

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

Decided March 22, 2012PublishedCited by 18 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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was being escorted to the bathroom area to provide a urine specimen for urinalysis testing when he punched an officer with a closed fist. During the ensuing physical altercation, petitioner continued to throw punches and was given several orders to cease such conduct, which he ignored. Other officers…

2Cases cited3 opinions

  1. Martinez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Jenkins v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  3. Cruz v. FischerAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by18 opinions

  1. Moreno v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Jackson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Fernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Cornelius v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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