Legal Opinion

Scott v. Bennett

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

Decided September 11, 1997PublishedCited by 2 opinions

1Opinion of the CourtMercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

We conclude that there is substantial evidence in the record to support administrative determinations finding petitioner guilty of failing to comply with a direct order and creating a disturbance as alleged in the February 13, 1996 misbehavior report of Correction Officer J. Smith and creating a disturbance as…

2Cases cited2 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Perez v. WilmotNew York Court of Appeals · 1986

3Cited by2 opinions

  1. McMillian v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  2. Heath v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997

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