Abreu v. Parrish
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petitioner commenced this proceeding to challenge a number of prison disciplinary determinations, involving discrete incidents of misconduct, upon a myriad of grounds. Given the obvious potential for confusion, and noting the lack of substantial prejudice to petitioner, we find no clear abuse of discretion in Supreme Court’s decision to grant severance and consider the determinations separately (see CPLR 407; Matter of Castro v Fischer, 81 AD3d 1062, 1063 [2011]).* Further, petitioner has abandoned his challenge to the sole determination at issue in this proceeding by failing to advance any…
2Cases cited4 opinions
- Desmone v. BlumAppellate Division of the Supreme Court of the State of New York · 1984
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Vito v. JorlingAppellate Division of the Supreme Court of the State of New York · 1993
- Castro v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by2 opinions
- Green v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. FischerAppellate Division of the Supreme Court of the State of New York · 2013