Legal Opinion

Cowart v. Pico

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

Decided July 17, 1997PublishedCited 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 Albany County) to review a determination of respondent which directed that petitioner be placed in administrative segregation.

Substantial evidence supports the determination that petitioner, a prison inmate, posed a threat to the safety and security of the facility sufficient to require his placement in administrative segregation (see, 7 NYCRR 301.4 [b]). Presented in evidence was the testimony of correction officers who described the tension that prevailed at the facility following the…

2Cases cited1 opinion

  1. Francella v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by2 opinions

  1. Di Rose v. PicoAppellate Division of the Supreme Court of the State of New York · 1998
  2. Cowart v. PicoCourt of Appeals for the Second Circuit · 2002

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