Legal Opinion

Collins v. Bellnier

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

Decided December 23, 2010PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this *1521Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was observed by a correction officer removing something from his pocket and placing it in his mouth. The officer removed petitioner from his cell and gave him an order to spit out the object, but petitioner did not comply. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order and…

2Cases cited5 opinions

  1. Tevault v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Foster v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  3. Owens v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Igartua v. RiveraAppellate Division of the Supreme Court of the State of New York · 2009
  5. Rivera v. PilonAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by6 opinions

  1. Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
  2. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Boggs v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2011
  4. Haughey v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2011
  5. Blocker v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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