Legal Opinion

Dawkins v. Selsky

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

Decided December 14, 2000PublishedCited 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possessing a controlled substance after a routine search of his cell disclosed an altered pen containing a substance which tested positive for amphetamines. The misbehavior report and the positive narcotic test kit results…

2Cases cited7 opinions

  1. Darnell v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
  2. Daum v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Rosario v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
  4. Benton v. CoutureAppellate Division of the Supreme Court of the State of New York · 2000
  5. Moore v. RabideauAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by3 opinions

  1. Perkins v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  2. Marino v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  3. Torres v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004

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