Legal Opinion
Costa v. Connolly
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 2012PublishedCited by 4 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 which found petitioner guilty of violating certain prison disciplinary rules.
While a correction officer was doing the count in one of the visiting rooms, petitioner repeatedly distracted the officer by asking him if he got the count right. He then ignored the officer’s directive to stop talking and, as a result, the count was delayed. Due to his conduct, petitioner was charged in a misbehavior report with harassment, refusing a…
2Cases cited6 opinions
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Linares v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Bartley v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Daughtry v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Kalwasinski v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by4 opinions
- Hood v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- McNeil v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Hood v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- McNeil v. FischerAppellate Division of the Supreme Court of the State of New York · 2013