Legal Opinion
Lovett v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 2011PublishedCited by 9 opinions
1Opinion of the Court
*1040Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was on the telephone when an announcement was made over the facility loud speaker directing all inmates to lock into their cells for the standing count. By the time petitioner responded to the directive, the gate to his assigned cell had closed. As a result, he was charged in a misbehavior report with refusing a direct order, being out of place,…
2Cases cited5 opinions
- McLaughlin v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Boyd v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Lamage v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Gaines v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Pender v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by9 opinions
- Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
- Machicote v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Blocker v. HetrickAppellate Division of the Supreme Court of the State of New York · 2012
- Hardy v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Crenshaw v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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