Legal Opinion

Johnakin v. Racette

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

Decided May 30, 1985PublishedCited by 8 opinions

1Opinion of the CourtCasey, J.

Appeal from a judgment of the Supreme Court at Special Term (Crangle, J.), entered July 24, 1984 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul the determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

Respondents contend that petitioner waived his right to inmate assistance at the Superintendent’s proceeding on charges of marihuana use that were contained in a misbehavior report and that, therefore, petitioner cannot now claim the denial of such…

2Cases cited3 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Burke v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1983
  3. Collazo v. WilmotAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by8 opinions

  1. Law v. RacetteAppellate Division of the Supreme Court of the State of New York · 1986
  2. Vaughn v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cliff v. De CelleAppellate Division of the Supreme Court of the State of New York · 1999
  4. Jackson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
  5. Krall v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003

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