Legal Opinion

Miller v. State of New York

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

Decided December 14, 2017No. 523325PublishedCited by 5 opinions

1Opinion of the CourtPritzker, J.

Appeal from an order of the Court of Claims (McCarthy, J.), entered April 18, 2016 which, among other things, denied claimant’s motion for summary judgment.

Claimant, a prison inmate, was keeplocked after his urine twice tested positive for the presence of cannabinoids and, following a prison disciplinary hearing, was found guilty of drug use. The Hearing Officer imposed a penalty of, among other things, three months in keeplock. On administrative appeal, the determination was reversed on the ground that the hearing was not commenced in a timely manner. Thereafter, claimant, who had spent 76…

2Cases cited5 opinions

  1. Arteaga v. State of New YorkNew York Court of Appeals · 1988
  2. Oppenheimer v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  3. Davidson v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  4. In Re the Estate of ShamboAppellate Division of the Supreme Court of the State of New York · 2016
  5. Bottom v. StateAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by5 opinions

  1. Finch v. Erie Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Moreland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Encarnacion v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Ayuso v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018
  5. Ramirez v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

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