Legal Opinion

Berrian v. Selsky

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

Decided June 26, 2003PublishedCited by 4 opinions

1Opinion of the Court

—Spain, J.

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered May 24, 2002 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review two determinations finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with violating prison disciplinary rules prohibiting lewd exposure and fighting. The tier II disciplinary hearing on the lewd exposure charge commenced on November 12, 2001, with petitioner present, but was adjourned so that petitioner’s witnesses could be obtained. Two…

2Cases cited13 opinions

  1. Boodro v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
  2. Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  3. Dumpson v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1998
  4. Hakeem v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  5. Kalwasinski v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by4 opinions

  1. Holmes v. DrownAppellate Division of the Supreme Court of the State of New York · 2005
  2. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  3. Alexander v. RicksAppellate Division of the Supreme Court of the State of New York · 2004
  4. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2013

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