Legal Opinion

Govan v. Bennett

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

Decided May 15, 2003PublishedCited by 2 opinions

1Opinion of the Court

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

Petitioner was found guilty of violating the prison disciplinary rules that prohibit harassment, an untidy cell and refusing a direct order after he refused to clean his cell and made obscene and abusive statements to a correction officer. Contrary to petitioner’s contention on appeal, substantial evidence in the form of the misbehavior report supports…

2Cases cited3 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Cowart v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1999
  3. Rizzuto v. SullivanAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Ryan v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  2. Brown v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

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