Legal Opinion

Basbus v. Prack

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

Decided December 12, 2013PublishedCited by 9 opinions

1Opinion of the Court

Stein, J.E

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 certain prison disciplinary rules.

Petitioner was observed with 16 other inmates who had congregated near a facility entrance in the yard and, when directed by a correction officer to disperse, failed to do so. As a result, petitioner was charged in a misbehavior report with violating prison disciplinary rules prohibiting…

2Cases cited5 opinions

  1. Bryant v. CoughlinNew York Court of Appeals · 1991
  2. Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Watson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Shannon v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Rios v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by9 opinions

  1. In Matter of Raynaud Caraway v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Barnes v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
  3. Williams v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Bond v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Dallas v. LeeAppellate Division of the Supreme Court of the State of New York · 2017

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