Legal Opinion

Withrow v. Superintendent of Gouverneur Correctional Facility

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

Decided March 3, 2005Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

When petitioner failed to receive a commissary buy sheet on September 2, 2003, he requested that a correction officer look into the matter on his behalf. The officer did so but informed petitioner that the matter could not be resolved until the following day. Petitioner later approached the prison Imam and asked that he look into the matter because the…

2Cases cited4 opinions

  1. Kilgore v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  2. Antonucci v. DavidAppellate Division of the Supreme Court of the State of New York · 2003
  3. Pride v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2003
  4. Sproul v. GoordAppellate Division of the Supreme Court of the State of New York · 2003

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