Legal Opinion
Moncrieffe v. Bennett
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
The detailed misbehavior report, authored by the correction officer who gave petitioner the direct order to report to work, together with petitioner’s testimony, provide substantial evidence to support the determination finding petitioner guilty of disobeying a direct order in violation of a prison disciplinary rule (see, Matter of…
2Cases cited5 opinions
- Rivera v. SmithNew York Court of Appeals · 1984
- Lee v. McCoyAppellate Division of the Supreme Court of the State of New York · 1996
- Plummer v. BarkleyAppellate Division of the Supreme Court of the State of New York · 1998
- Ragland v. Great Meadow Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1997
- Dawes v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Lawrence v. HeadleyAppellate Division of the Supreme Court of the State of New York · 1999
- Gonzalez v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2000
- Santiago v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Clarke v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1998
- Reyes v. BarkleyAppellate Division of the Supreme Court of the State of New York · 1999
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