Legal Opinion

Matter of Kairis v. Smith

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

Decided July 28, 2016No. 521798PublishedCited by 2 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Columbia County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner confronted a female correction officer after he missed the call out for the morning meal run. He proceeded to shout at the officer in the presence of other inmates and called her a liar. As a result, he was charged in a misbehavior report with harassment, creating a disturbance and being out of place. Following a tier II disciplinary hearing, he…

2Cases cited9 opinions

  1. Hale v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Nieves v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  3. Watson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Nunez v. UngerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Connelly v. GriffinAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by2 opinions

  1. Matter of Dejesus v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Mays v. EarlyAppellate Division of the Supreme Court of the State of New York · 2018

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