Legal Opinion

Johnson v. Rock

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

Decided July 30, 2009PublishedCited by 8 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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a melee involving multiple inmates in the prison yard, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct and refusing a direct order. A tier III disciplinary hearing was convened, at the conclusion of which petitioner was found guilty as charged and a penalty was imposed. The…

2Cases cited4 opinions

  1. Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Daniels v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. Edwards v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2009
  4. Peets v. BezioAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by8 opinions

  1. McLaughlin v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Fernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Smiton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  4. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. White v. Superintendent of Wyoming Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2010

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