Legal Opinion

Matter of Kirby v. Annucci

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

Decided February 2, 2017No. 523049PublishedCited by 8 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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with smuggling and possessing drugs after a search of his cell uncovered a small bundle of a green leafy substance and a balloon containing a green leafy substance wrapped in cellophane and hidden inside a sock in petitioner’s locker, which later tested positive for marihuana. Following a tier III disciplinary…

2Cases cited11 opinions

  1. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  3. Mingo v. ChappiusAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Miller v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  5. Mitchell v. GoordAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by8 opinions

  1. Matter of Alston v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Reed v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Santiago v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Wingate v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2025
  5. Matter of Atkins v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019

3 more not listed; retrieve them via the Exa API.

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