Legal Opinion

Borges v. McGinnis

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

Decided July 10, 2003PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered June 14, 2002 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a deter-: mination of respondent Commissioner of Correctional Services finding him guilty of violating a prison disciplinary rule.

After an object in his toothpaste container tested positive for marihuana, petitioner was found guilty of violating the prison disciplinary rule which prohibits possession of a controlled substance. Upon administrative appeal, the penalty was modified and petitioner…

2Cases cited7 opinions

  1. Hop Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
  2. Nicholas v. SchriverAppellate Division of the Supreme Court of the State of New York · 1999
  3. Joyce v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  4. Lugo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
  5. Laureano v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2000

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

3Cited by8 opinions

  1. Matter of Lundy v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
  2. Oms v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Fletcher v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Jackson v. SmithAppellate Division of the Supreme Court of the State of New York · 2004
  5. Faraldo v. BezioAppellate Division of the Supreme Court of the State of New York · 2012

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

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