Legal Opinion

Brown v. Cunningham

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

Decided April 21, 2005PublishedCited by 2 opinions

1Opinion of the CourtMugglin, J.

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

Petitioner was charged in a misbehavior report with refusing a direct order, making a false statement and being out of place in violation of prison disciplinary rules. Following a tier II disciplinary hearing, petitioner was found guilty of all charges, which determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.*

As…

2Cases cited6 opinions

  1. Perkins v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  2. Borcsok v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  3. Porter v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  4. Green v. RicksAppellate Division of the Supreme Court of the State of New York · 2003
  5. Walton v. GoordAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by2 opinions

  1. Seymour v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Faraldo v. BezioAppellate Division of the Supreme Court of the State of New York · 2012

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