Legal Opinion

Davis v. McClellan

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

Decided March 10, 1994PublishedCited by 9 opinions

1Opinion of the Court

—Crew III, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III disciplinary hearing, petitioner, an inmate at Southport Correctional Facility in Chemung County, was found guilty of violating State-wide rules 113.12 (see, 7 NYCRR 270.2 [B] [14] [iii]) prohibiting the possession of a controlled substance and 113.23 (see, 7 NYCRR 270.2 [B] [14]…

2Cases cited4 opinions

  1. Delvalle v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
  2. Rollison v. ScullyAppellate Division of the Supreme Court of the State of New York · 1992
  3. Tal v. ScullyNew York Supreme Court · 1988
  4. Salmon v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by9 opinions

  1. Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
  2. Cespedes v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
  3. Saif'Ul'Bait v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Gonzalez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Ruzas v. GoordAppellate Division of the Supreme Court of the State of New York · 2000

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