Legal Opinion
Booker v. Ercole
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2010PublishedCited by 4 opinions
1Opinion of the CourtGarry, J.
Proceeding pursuant to CPLR article 78 (transferred *1370to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with possession of marihuana. Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penalty was imposed. This determination was affirmed on administrative review, and this CPLR article 78 proceeding ensued.
Petitioner contends that a proper…
2Cases cited5 opinions
- Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
- Shepherd v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Davis v. McClellanAppellate Division of the Supreme Court of the State of New York · 1994
- Gonzalez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
- Giannattasio v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Brooks v. Commissioner of Special Housing UnitAppellate Division of the Supreme Court of the State of New York · 2012
- Brooks v. Commissioner of Special Housing UnitAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Campos v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of McFarlane v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019