Legal Opinion
Matter of Diaz v. Prack
Appellate Division of the Supreme Court of the State of New York
Decided April 23, 2015No. 519360PublishedCited by 10 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
During a search of petitioner’s cell, a correction officer found, under the plastic shade of the cell light, a toothbrush with a can top melted on one end that was wrapped in a cloth lanyard. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary…
2Cases cited3 opinions
- Nieves v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
- Fong v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Green v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by10 opinions
- Matter of Shearer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Shufelt v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Lacey v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Marhone v. SchuckAppellate Division of the Supreme Court of the State of New York · 2016
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