Legal Opinion

Pena v. Selsky

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

Decided July 24, 2008PublishedCited by 7 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.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit lewd exposure and harassment. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner…

2Cases cited5 opinions

  1. Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. LaFontant v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  3. Smith v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. Abreu v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  5. Donato v. DuncanAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by7 opinions

  1. Gimenez v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
  2. Albornoz-Sinisterra v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
  3. Owens v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Agosta v. UngerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Albornoz-Sinisterra v. SmithAppellate Division of the Supreme Court of the State of New York · 2012

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