Legal Opinion

Hernandez v. Selsky

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

Decided April 17, 2008PublishedCited 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 Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with possessing a weapon and assaulting another inmate. The charges stemmed from an incident wherein petitioner and others attacked another inmate in the yard at the facility where they were incarcerated. A tier III disciplinary hearing ensued, at the conclusion of which the…

2Cases cited4 opinions

  1. Morillo v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. Winbush v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Campisi v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Rympalski v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by4 opinions

  1. Pante v. GoordAppellate Division of the Supreme Court of the State of New York · 2010
  2. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Argentina v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  4. Jordan v. FischerAppellate Division of the Supreme Court of the State of New York · 2008

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