Legal Opinion
Matter of Gomez v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2016No. 519368PublishedCited by 3 opinions
1Opinion of the CourtRose, J.
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 Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with creating a disturbance, refusing a direct order, harassment and possessing property in an unauthorized area. Following a tier III disciplinary hearing, petitioner was found not guilty of harassment, but guilty of the remaining charges. The…
2Cases cited5 opinions
- Staine v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Rafi v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
- Carter v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Hobson v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Geraci v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by3 opinions
- Matter of Young v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Coombs v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Brown v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016