Legal Opinion

Otero v. Selsky

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

Decided July 8, 2004PublishedCited by 13 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.

During a search of petitioner’s cell, correction officers observed petitioner acting suspiciously and directed him to leave his cell. Petitioner did not comply as directed. After placing him in restraints, the officers noticed that petitioner was attempting to swallow an unknown object. Petitioner was forced onto a mattress…

2Cases cited5 opinions

  1. May v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  2. Dunn v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  3. Murphy v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Forestier v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  5. Rosario v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by13 opinions

  1. Cayenne v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Cepeda v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Odome v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Pisano v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Pollard v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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