Legal Opinion

Brown v. Prack

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

Decided December 24, 2015Published

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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with multiple prison disciplinary violations arising from three separate incidents on January 22, 2014. The first misbehavior report charged him with harassing staff, refusing a direct order and creating a disturbance following an incident in the dining hall. The second misbehavior report…

2Cases cited4 opinions

  1. Rivera v. SmithNew York Court of Appeals · 1984
  2. Morusma v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Jackson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Crenshaw v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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