Legal Opinion

Robinson v. Herbert

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

Decided July 8, 1998PublishedCited by 1 opinion

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report written by the correction officer who discovered a jagged can lid on top of petitioner’s locker and a sharp pair of scissors under the bunk in petitioner’s cube constitutes substantial evidence to support the determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i]). Although petitioner was living in a double bunk cube, his admission to the correction officer that the property under the bunk was his with the exception of two bags provides sufficient…

2Cases cited3 opinions

  1. Price v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  2. Jay v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  3. Aballe v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. Francisco v. GoordAppellate Division of the Supreme Court of the State of New York · 2000

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