Legal Opinion

Matter of Mercado v. Rodriguez

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

Decided September 28, 2017No. 524114PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Young, J.), entered August 30, 2016 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner was charged with using alcohol or an intoxicant in two separate misbehavior reports. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. On June 16, 2015, the determination was upheld upon administrative review with a modified penalty, and petitioner received notice of that determination on or about that day. In February 2016, petitioner sought…

2Cases cited9 opinions

  1. Grant v. SenkowskiNew York Court of Appeals · 2001
  2. Loper v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Resch v. BriggsAppellate Division of the Supreme Court of the State of New York · 2008
  4. Arce v. SelskyAppellate Division of the Supreme Court of the State of New York · 1996
  5. De Grijze v. GoordAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by3 opinions

  1. Matter of Clark v. JordanAppellate Division of the Supreme Court of the State of New York · 2023
  2. Matter of Strax v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
  3. Matter of Thorne v. LaClairAppellate Division of the Supreme Court of the State of New York · 2018

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