Legal Opinion

Rivera v. New York City Department of Correction

New York Supreme Court

Decided April 1, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Richard Lee Price, J.

*537Petitioner moves this court pursuant to CPLR article 78 for vacatur of an administrative determination revoking his contact visitation privileges claiming that it was imposed without due process. Petitioner contends that the loss of such visitation, which confines the inmate to a booth precluding any physical contact with visitors via a separation barrier, is a disciplinary sanction related to his having failed a urine drug test. Petitioner further claims that the respondent denied him the right to procedural due process by failing to provide him with…

2Cases cited4 opinions

  1. Serrano v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  2. Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Grigger v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Dawes v. StateNew York Court of Claims · 2003

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