Legal Opinion

A'Gard v. LaValley

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

Decided March 21, 2013Published

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 Clinton Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner left his cell block for his scheduled call out to the law library, but proceeded instead to the mosque. As a result, petitioner was charged in a misbehavior report with violating facility movement regulations and being out of place. He was found guilty of the charges at the conclusion of a tier II…

2Cases cited4 opinions

  1. Sterling v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Harrison v. BertoneAppellate Division of the Supreme Court of the State of New York · 2008
  3. Barclay v. ZolkoskyAppellate Division of the Supreme Court of the State of New York · 2010
  4. Frejomil v. LaClairAppellate Division of the Supreme Court of the State of New York · 2007

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