Legal Opinion

Rivera v. Commissioner of DOCS

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

Decided November 13, 2014Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was found with two pills, later determined to be 800 mg each of Neurontin, in his pocket. He was charged in a misbehavior report with unauthorized possession of medication and smuggling. A search of his cell shortly thereafter disclosed unauthorized items including 165 postage stamps, 14 pills later determined to be Neurontin (three…

2Cases cited5 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Merritt v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. McKinley v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  4. Hoskins v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  5. Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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