Legal Opinion
Matter of Hudyih v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 2015No. 520292PublishedCited by 5 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Melkonian, J.), entered April 14, 2014 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Petitioner, an inmate, was directed by a correction officer to work as a utility porter on a Sunday afternoon. He refused, explaining that he did not work on weekends. As a result, he was charged in a misbehavior report with refusing a direct order. Following a tier II disciplinary hearing, he was found…
2Cases cited4 opinions
- Rivera v. SmithNew York Court of Appeals · 1984
- Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Parrilla v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2002
- Crenshaw v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by5 opinions
- Matter of Robinson v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Wilson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Wilson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Anselmo v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Hutchinson v. MillerAppellate Division of the Supreme Court of the State of New York · 2018