Legal Opinion
Matter of Toliver v. New York State Department of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 2015No. 519485PublishedCited 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 Ulster County) to review a determination of respondent Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, an inmate, was involved in an incident in which he began yelling obscenities from his cell that continued after he was ordered to stop. He was charged in a misbehavior report with creating a disturbance, refusing a direct order and interfering with an employee. Following a tier II disciplinary…
2Cases cited4 opinions
- Huggins v. NoethAppellate Division of the Supreme Court of the State of New York · 2013
- Blocker v. HetrickAppellate Division of the Supreme Court of the State of New York · 2012
- Alsaifullah v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Selah v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by4 opinions
- Matter of Johnson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Meehan v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Rivera v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Curtis v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017