Legal Opinion
Rush v. Bezio
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2010PublishedCited by 4 opinions
1Opinion of the CourtSpain, J.
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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was told to leave the mess hall because his name did not appear on a list of inmates who were authorized to be there when “special diet” meals were served. He began arguing with the correction officer escorting him from the mess hall, who subsequently authored a misbehavior report charging petitioner with creating a…
2Cases cited9 opinions
- Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Brown v. TaylorAppellate Division of the Supreme Court of the State of New York · 2009
- Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2009
- West v. CostelloAppellate Division of the Supreme Court of the State of New York · 2000
- Rodriguez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- Linnen v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Cole v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Garrow v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Wright v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017