Legal Opinion

Marcial v. Goord

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

Decided December 31, 2003PublishedCited by 9 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.

Petitioner was the subject of two misbehavior reports arising out of a fight with another inmate. In the course of the altercation, petitioner was observed making “slashing motions” toward the other inmate with a metallic object between his thumb and forefinger. Both men ignored repeated orders to stop fighting and petitioner refused to obey an order to…

2Cases cited5 opinions

  1. Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  2. McCants v. MurphyAppellate Division of the Supreme Court of the State of New York · 2003
  3. Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  4. Miller v. CostelloAppellate Division of the Supreme Court of the State of New York · 2003
  5. Pope v. GoordAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by9 opinions

  1. Salaam v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  2. Cody v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Black v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  5. Boyd v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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