Nieves v. Annucci
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
A search of petitioner’s cell disclosed a sharpened can lid taped to the inner lip of a locker in his double bunk cell, in which he was the sole occupant. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III hearing, petitioner was found guilty of that charge, and the determination was affirmed upon…
2Cases cited7 opinions
- Aguirre v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Huggins v. CoughlinNew York Court of Appeals · 1990
- Fisher v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Siao-Pao v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Sanchez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Sawyer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Diaz v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of McBride v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
12 more not listed; retrieve them via the Exa API.