Legal Opinion
Gallagher v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2012PublishedCited by 5 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
A correction officer searched the cell of an inmate and found three letters authored by petitioner. The letters contained language indicating that petitioner had physical contact with the inmate and, in a subtle manner, had solicited the inmate for sex. As a result, petitioner was charged in a misbehavior…
2Cases cited6 opinions
- Parker v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Cunningham v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Belot v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Gillard v. DonohueAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Greene v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Howard v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Greene v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Howard v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Butterfield v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016