Legal Opinion

Butler v. Selsky

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

Decided March 27, 2008PublishedCited by 4 opinions

1Opinion of the Court

During a search of petitioner’s prison cell, a correction officer discovered a broken razor with a missing blade, which blade had been removed and hidden inside some paperwork. As a consequence, petitioner was charged in a misbehavior report with altering state property, possessing an altered item and destroying state property. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of all three charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report,…

2Cases cited4 opinions

  1. Spirles v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  2. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. Vigliotti v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Lewis v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. Abreu v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  2. Pedraza v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Wigfall v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  4. Villafane v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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