Legal Opinion
Mitchell v. Department of Corrections & Community Supervision
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2017No. 523052PublishedCited by 4 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 Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
A search of petitioner’s cell disclosed, on top of his cell locker, a partially smoked, rolled cigarette containing a green leafy substance that smelled like and tested positive for marihuana. Petitioner was charged in a misbehavior report with drug possession. Following a tier III disciplinary hearing, he was found…
2Cases cited7 opinions
- Khan v. New York State Department of HealthNew York Court of Appeals · 2001
- Matter of McMaster v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Bartello v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Morgan v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Perkins v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
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3Cited by4 opinions
- Matter of Guzman v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of LaGrave v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Rogers v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Wood v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018