Legal Opinion

Burgess v. Selsky

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

Decided April 17, 2008PublishedCited by 10 opinions

1Opinion of the Court

*1348Proceeding 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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with engaging in lewd conduct and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed and this CPLR article 78 proceeding seeking annulment ensued.

As an…

2Cases cited3 opinions

  1. Serrano v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
  2. Parkinson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  3. Abif v. StinsonAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by10 opinions

  1. Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  2. Gray v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2009
  3. Perretti 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. Abreu v. BezioAppellate Division of the Supreme Court of the State of New York · 2010

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