Legal Opinion

Smith v. Portuondo

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

Decided October 23, 2003PublishedCited by 13 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 found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit disobeying a direct order, tampering with state property and property misuse or damage.* According to the misbehavior report, the charges stem from petitioner’s conduct in a general business class wherein he was heard loudly giving his password…

2Cases cited5 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  3. Quintana v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  4. LaBounty v. GoordAppellate Division of the Supreme Court of the State of New York · 1997
  5. Perkins v. GoordAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by13 opinions

  1. Jackson v. SmithAppellate Division of the Supreme Court of the State of New York · 2004
  2. Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Washington v. NapoliAppellate Division of the Supreme Court of the State of New York · 2009
  5. Wigfall v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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