Legal Opinion
MATTER OF JOSEY v. Goord
New York Court of Appeals
Decided December 20, 2007PublishedCited by 118 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
Petitioner, an inmate in the custody of the New York State Department of Correctional Services (DOCS), brings this CPLR article 78 proceeding claiming that the doctrine of res judicata precludes the imposition of a prison disciplinary penalty based on his second-degree manslaughter conviction because he was previously disciplined in connection with the incident underlying his criminal conviction. Like the courts below, we conclude that res judicata does not apply under these circumstances.
On July 17, 2003, petitioner Derek Josey and another inmate, Richard…
2Cases cited8 opinions
- Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- In Re the Estate of HunterNew York Court of Appeals · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Swiatkowski v. CitibankDistrict Court, E.D. New York · 2010
- Giannone v. York Tape & Label, Inc.Court of Appeals for the Second Circuit · 2008
- United States v. East River Housing Corp.District Court, S.D. New York · 2015
- Caldwell v. Gutman, Mintz, Baker & Sonnenfeldt, P.CDistrict Court, E.D. New York · 2010
- Blue Sky, LLC v. Jerry's Self Storage, LLCAppellate Division of the Supreme Court of the State of New York · 2016
113 more not listed; retrieve them via the Exa API.