Legal Opinion

Gathers v. Artus

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

Decided February 11, 2009PublishedCited by 11 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review three determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul three separate tier II disciplinary determinations, rendered in July 2007, September 2007 and October 2007, which found him guilty of violating numerous prison disciplinary rules.

Initially, with respect to the July 2007 determination, petitioner’s challenge thereto is…

2Cases cited3 opinions

  1. Whaley v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  2. Arriaga v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
  3. Smith v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by11 opinions

  1. New York State Defenders Ass'n v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2011
  2. Alvarez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Maldonado v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Kairis v. FischerAppellate Division of the Supreme Court of the State of New York · 2016
  5. Bonez v. Commissioner of Prison System of State of New YorkAppellate Division of the Supreme Court of the State of New York · 2009

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