Legal Opinion

Berrian v. Duncan

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

Decided December 6, 2001PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Berke, J.), entered December 27, 2000 in Washington County, which, inter alia, converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

In September 2000, petitioner applied to Supreme Court for a writ of habeas corpus, seeking his release from the Special Housing Unit (hereinafter SHU) at Upstate Correctional Facility in Washington County. This penalty was imposed following an administrative determination finding him guilty…

2Cases cited4 opinions

  1. People ex rel. Dawson v. SmithNew York Court of Appeals · 1986
  2. Di Rose v. New York State Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1996
  3. Johnson v. RacetteAppellate Division of the Supreme Court of the State of New York · 2001
  4. People ex rel. Hopkins v. StinsonAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Nonhuman Rights Project, Inc. ex rel. Kiko v. PrestiAppellate Division of the Supreme Court of the State of New York · 2015
  2. Nonhuman Rights Project, Inc. ex rel. Kiko v. PrestiAppellate Division of the Supreme Court of the State of New York · 2015
  3. THE NONHUMAN RIGHTS PROJECT, INC. v. PRESTI, CARMENAppellate Division of the Supreme Court of the State of New York · 2015

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