Legal Opinion
Davis v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 29, 2010PublishedCited by 5 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Following a physical altercation with his cell mate, petitioner was served with two misbehavior reports charging him with, as relevant here, assaulting an inmate, fighting, possessing a weapon and refusing a direct order. A tier III disciplinary hearing was held, after which petitioner was found guilty of the…
2Cases cited5 opinions
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Partee v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
- Pettus v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- West v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by5 opinions
- Morales v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Lewis v. LapeAppellate Division of the Supreme Court of the State of New York · 2011
- Brown v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2010
- Ryan v. BellDistrict Court, N.D. New York · 2025