Legal Opinion
Matter of Burgos v. Prack
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 2015No. 520172PublishedCited by 5 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 Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
While petitioner was confined in the special housing unit, his cell was searched and a sharpened piece of plexiglass was found in a jar of peanut butter located in a locker in the back of his cell. As a result, petitioner was charged in a misbehavior report with possessing a weapon and smuggling. Following a tier III…
2Cases cited6 opinions
- Alache v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Griffin v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Byrd v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Morales v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by5 opinions
- Matter of Baysden v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Hill v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Rosales v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016