Legal Opinion

Mallen v. Hearing Officer

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

Decided April 3, 2003PublishedCited by 13 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 a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Based upon his plea of guilty and the misbehavior report indicating that two sticks taped together with two heavy duty staples attached to it was found in his cell, petitioner was found to have violated the prison disciplinary rule that prohibits the possession of a weapon. Given his plea of guilty, petitioner is precluded from…

2Cases cited3 opinions

  1. Jones v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
  2. Pabon v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Neri v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by13 opinions

  1. Tinnirello v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Proctor v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Greathouse v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Collins v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Wingate v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2025

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