Legal Opinion

Covington v. Smith

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

Decided July 1, 2010PublishedCited by 6 opinions

1Opinion of the Court

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

After a search of petitioner’s prison cell revealed several items for which he did not possess permits, he was served with a misbehavior report charging him with, as relevant here, possession of contraband. Following a tier II disciplinary hearing, petitioner was found guilty of that charge and his administrative appeal was denied. He then commenced this CPLR…

2Cases cited5 opinions

  1. Quartieri v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  2. Silverstein v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  3. Valerio v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
  4. Pettus v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  5. Butler v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by6 opinions

  1. Green v. BradtAppellate Division of the Supreme Court of the State of New York · 2010
  2. Ellison v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Kirshtein v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  4. Garcia v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
  5. Dade v. BezioAppellate Division of the Supreme Court of the State of New York · 2010

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