Legal Opinion

Matter of Burt v. Annucci

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

Decided August 6, 2015No. 519944PublishedCited by 4 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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

A correction officer observed petitioner in the shower smoking what appeared to a cigarette. The officer confiscated the cigarette and observed that it did not contain tobacco. When he asked petitioner what was in the cigarette, petitioner allegedly told the officer that it was synthetic marihuana. The contents later tested negative for marihuana, but…

2Cases cited7 opinions

  1. Oliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Fields v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Lopez v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  5. Campbell v. PrackAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by4 opinions

  1. Matter of Ralands v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Austin v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Jones v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Clark v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020

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