Legal Opinion
Umber v. Murphy
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 2003PublishedCited by 3 opinions
1Opinion of the CourtMercure, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services *932which found petitioner guilty of violating certain prison disciplinary rules.
While on sick call, petitioner reported that he had been raped by his cellmate on more than one occasion. An investigation ensued which revealed that petitioner’s claim was unfounded and that the sexual contact was consensual. As a result, petitioner was charged in a misbehavior report with violating prison disciplinary rules…
2Cases cited5 opinions
- Rodriguez v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Torres v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Bankston v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
- Edwards v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- Lopez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by3 opinions
- Shabazz v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Knight v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2005
- Jones v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008