Legal Opinion

Frejomil v. LaClair

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

Decided December 13, 2007PublishedCited 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 Washington County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II disciplinary hearing, petitioner was found guilty of smuggling, refusing a direct order and stealing state property. The determination was affirmed on administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. Substantial evidence consisting of the misbehavior report and petitioner’s hearing testimony supports the…

2Cases cited3 opinions

  1. Callender v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Raqiyb v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. Abreu v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by5 opinions

  1. Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. McMoore v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  3. Salahuddin v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  4. A'Gard v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2013
  5. A'Gard v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2013

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