Legal Opinion
Mercado v. Selsky
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2008PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this *1168Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
A search of petitioner’s prison cell recovered materials containing references to a particular gang. As a result, petitioner was charged in a misbehavior report with possessing unauthorized organization material. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. That…
2Cases cited4 opinions
- Lucas v. ScullyNew York Court of Appeals · 1988
- Jenkins v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Claim of CampbellAppellate Division of the Supreme Court of the State of New York · 1999
- Tenace v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- Cornwall v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Watson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Hizbullah v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of McLean v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015