Legal Opinion

Walker v. Bezio

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

Decided June 21, 2012Published

1Opinion of the Court

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

Petitioner missed his library call out and was found in his cell. As a result, he was charged in a misbehavior report with violating facility movement regulations. Following a tier II disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The…

2Cases cited3 opinions

  1. Povoski v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Joseph v. LaClairAppellate Division of the Supreme Court of the State of New York · 2011

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