Legal Opinion

Davis v. Prack

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

Decided May 24, 2012PublishedCited by 6 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

After the conclusion of a visit with his brother, petitioner was placed in the boss chair for a frisk. Petitioner abruptly got up from the chair, grabbed the correction officer conducting the *1575frisk and a physical altercation ensued. During the altercation, petitioner ignored several direct orders to stop and,…

2Cases cited5 opinions

  1. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Barca v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Pender v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by6 opinions

  1. Rosales v. PrattAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Jackson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Spencer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Scott v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Belgrave v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2025

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