Legal Opinion

Jamison v. Griffin

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

Decided March 16, 2017Published

1Opinion of the Court

Proceeding 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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with refusing a direct order, interfering with an employee and being out of place. Following a tier II disciplinary hearing, petitioner was found guilty of refusing a direct order and not guilty of the remaining charges. That determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

2Cases cited2 opinions

  1. Tarbell v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Bailey v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

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