Legal Opinion

Matter of Simmons v. LaValley

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

Decided July 2, 2015No. 520034PublishedCited by 11 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with creating a disturbance, interfering with an employee, harassment, refusing a direct order and making threats. According to the misbehavior report, petitioner did not comply with several directives from a correction officer to hang up the telephone, requiring that officer to approach petitioner.…

2Cases cited4 opinions

  1. Green v. BradtAppellate Division of the Supreme Court of the State of New York · 2012
  2. Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
  3. Hood v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Grant v. RockAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by11 opinions

  1. Matter of Simmons v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Williams v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2017
  3. Osborne v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Mack v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2023
  5. Matter of Townsley v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017

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