Legal Opinion

Matter of Chisholm v. Annucci

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

Decided January 28, 2016No. 520953PublishedCited by 3 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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of nine charges stemming from three separate misbehavior reports. Respondent concedes, and we agree, that substantial evidence does not support the determination of guilt with respect to the third misbehavior report, which charged petitioner with smuggling and…

2Cases cited5 opinions

  1. Matter of Edwards v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  2. Canzater-Smith v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Robinson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  4. Carter v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Branch v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by3 opinions

  1. Matter of McBride v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Dushain v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Atkins v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019

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