Legal Opinion

Di Rose v. New York State Department of Correction

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

Decided June 20, 1996PublishedCited by 19 opinions

1Opinion of the CourtSpain, J.

As the result of a search of petitioner’s cell a misbehavior report was filed charging him with violating institutional disciplinary (7 NYCRR 270.2) rule 1.00 (conduct constituting a violation of the Penal Law), rule 108.10 (escape, attempted escape or conspiracy to escape) and rule 180.11 (correspondence regulations); after an initial hearing petitioner was found guilty of the latter two charges. Upon an administrative appeal the initial determination was reversed and a rehearing was ordered. At the conclusion of the rehearing petitioner was found guilty of violating the escape rule…

2Cases cited15 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Perez v. WilmotNew York Court of Appeals · 1986
  3. Serrano v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
  4. Bates v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
  5. Dumpson v. MannAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by19 opinions

  1. Vines v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Burse v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Brown v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Jones v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2001
  5. Rincon v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006

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