Legal Opinion

Cunningham v. Selsky

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

Decided May 25, 2006PublishedCited by 7 opinions

1Opinion of the Court

*1255Proceeding 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 a prison disciplinary rule.

While a group of inmates were being shown a movie, a correction counselor observed petitioner with his hand inside his pants fondling himself. He was charged in a misbehavior report with engaging in a sexual act. Petitioner was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on…

2Cases cited5 opinions

  1. Gee v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Cameron v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Lunney v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Valentine v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Quezada v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by7 opinions

  1. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Peoples v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Roye v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Gallagher v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012

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