Legal Opinion

Tankleff v. Coughlin

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

Decided December 29, 1994PublishedCited by 6 opinions

1Opinion of the CourtCardona, P. J.

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

A search of petitioner’s cell revealed a gallon of fermenting fruit juice.* The brew tested positive as 7% alcohol. Petitioner was charged with and found guilty of possession of an alcoholic beverage in violation of a State-wide rule. The circumstances of the search and subsequent testing was set forth in a misbehavior report…

2Cases cited5 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Newman v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
  3. Jennings v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1984
  4. Gardiner v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  5. Johnson v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by6 opinions

  1. Di Rose v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  2. Joyce v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  3. Barner v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  4. Sweeter v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Emmons v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997

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