Legal Opinion

Mitchell v. Department of Corrections & Community Supervision

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

Decided September 22, 2016No. 522504Published

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 Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination rendered after a tier III disciplinary hearing finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has since been administratively reversed, all references thereto…

2Cases cited4 opinions

  1. Matter of Ballard v. RacetteAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Khudan v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Tolliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2016

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