Legal Opinion

Johnson v. Sabourin

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

Decided January 17, 2002PublishedCited by 4 opinions

1Opinion of the Court

Proceeding pursuant to CPLR *800article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting unauthorized assembly. As set forth in the misbehavior report, the reporting correction officer observed petitioner with eight other inmates who had gathered in a group in the prison yard annex. Despite numerous orders to disperse issued by correction officers using the public…

2Cases cited4 opinions

  1. Daum v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  2. McKins v. JamesAppellate Division of the Supreme Court of the State of New York · 2001
  3. Torres v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. Morales v. GoordAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  2. Matter of McClary v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
  3. Oneil v. SabourinAppellate Division of the Supreme Court of the State of New York · 2002
  4. Shelton v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

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