Legal Opinion

Miller v. Costello

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

Decided April 10, 2003PublishedCited 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 respondent Superintendent of Midstate Correctional Facility which found that petitioner violated certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance, unauthorized exchange and refusing a direct order. According to the misbehavior report and testimony from the correction officer who authored it, petitioner was involved in an incident in the mess hall where…

2Cases cited6 opinions

  1. Barnhill v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
  2. Lawrence v. HeadleyAppellate Division of the Supreme Court of the State of New York · 1999
  3. Thomas v. BennettAppellate Division of the Supreme Court of the State of New York · 2000
  4. Wells v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001
  5. Giano v. SelSkyAppellate Division of the Supreme Court of the State of New York · 2000

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Marcial v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  3. Antonucci v. DavidAppellate Division of the Supreme Court of the State of New York · 2003
  4. Matter of Urena v. KeyserAppellate Division of the Supreme Court of the State of New York · 2021
  5. Drumgoole v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005

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