Legal Opinion
Matter of Marino v. Martuscello
Appellate Division of the Supreme Court of the State of New York
Decided August 6, 2015No. 519877PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review four determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Three different correction officers observed petitioner, on separate occasions, smoking a cigarette in his cell and each directed bim to extinguish it. Each officer then prepared a misbehavior report charging petitioner with, among other things, smoking in an undesignated area and refusing a direct order. A fourth misbehavior report was prepared by a…
2Cases cited8 opinions
- Garcia v. GarnerAppellate Division of the Supreme Court of the State of New York · 2014
- Marhone v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Shepherd v. Commissioner of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2014
- Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Goode v. ChappiusAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by4 opinions
- Matter of McMaster v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Williams v. Department of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Tafari v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016