Legal Opinion

Matter of Phillips v. Annucci

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

Decided May 5, 2017No. 571 CA 16-00385PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered December 22, 2015 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking to annul a determination finding him guilty, following a tier III hearing, of violating inmate rules 101.10 (7 NYCRR 270.2[B] [2] [i] [engaging in sexual acts]), 106.10 (7 NYCRR 270.2[B] [7] [i] [refusing a direct order]), and 180.10 (7 NYCRR 270.2[B]…

2Cases cited7 opinions

  1. Colon v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Jones v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  3. Green v. StichtAppellate Division of the Supreme Court of the State of New York · 2015
  4. Sabino v. HulihanAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Tolliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by2 opinions

  1. Matter of Bradshaw v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2024
  2. Matter of Burroughs v. ColvinAppellate Division of the Supreme Court of the State of New York · 2019

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