Legal Opinion

Ermmarino v. New York State Department of Correctional Services

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

Decided August 2, 2007PublishedCited by 3 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 challenges a determination finding him guilty of smuggling and violating package room procedures. We confirm. The misbehavior report with a factually specific account of the allegations written by the investigating correction officer, the transcripts of petitioner’s telephone calls and petitioner’s plea of guilty to…

2Cases cited7 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Miller v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2002
  3. Blackwell v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  4. Quintana v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Goncalves v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by3 opinions

  1. Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Estevez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Sanabria v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014

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