Legal Opinion

Caldarola v. Annucci

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

Decided March 16, 2017PublishedCited 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 Superintendent of Fishkill Correctional Facility dismissing petitioner’s administrative appeal as untimely.

Following a tier II disciplinary hearing, petitioner was found guilty of engaging in violent conduct, creating a disturbance and fighting, and a penalty was imposed. The determination was affirmed upon administrative appeal. Petitioner thereafter *1397commenced this CPLR article 78 proceeding, and Supreme Court transferred the matter to…

2Cases cited7 opinions

  1. Harrison v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Walton v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  4. Matter of Lopez v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Lopez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by3 opinions

  1. Matter of Grant v. CapraAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Bachiller v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
  3. Matter of Barzee v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2019

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