Legal Opinion
Kelly v. Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2010PublishedCited by 9 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.
*673During a pat frisk, petitioner was found to be in possession of legal papers belonging to two other inmates, as well as betting slips, a highlighter and a bottle of white-out. As a result, he was charged in a misbehavior report with possessing contraband, possessing gambling paraphernalia, possessing unauthorized legal…
2Cases cited4 opinions
- Silverstein v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
- Norris v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Igartua v. RiveraAppellate Division of the Supreme Court of the State of New York · 2009
- Hernandez v. WalshAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by9 opinions
- Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Haughey v. ArtusAppellate Division of the Supreme Court of the State of New York · 2013
- Goode v. ChappiusAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Briggs v. LilleyAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Williams v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
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