Legal Opinion
Burgos v. Commissioner of New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 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 Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was found guilty of violating the prison disciplinary rule which prohibits inmates from engaging in sexual acts. Received into evidence at petitioner’s disciplinary hearing was the detailed misbehavior report authored by the facility librarian who observed petitioner masturbating at the end of a set of library shelves. This report, coupled with the…
2Cases cited4 opinions
- Hart v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Edmonson v. CoombeAppellate Division of the Supreme Court of the State of New York · 1998
- Jiminez v. BerryAppellate Division of the Supreme Court of the State of New York · 1994
- Osborne v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Vicioso v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- McNair v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Rodriguez v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Porter v. MillerAppellate Division of the Supreme Court of the State of New York · 1999
- Reynoso v. CoombeAppellate Division of the Supreme Court of the State of New York · 1999
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