Legal Opinion

Smith v. Selsky

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

Decided May 2, 2002PublishedCited by 12 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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized possession of a controlled substance. The misbehavior report related that a search of petitioner’s single-occupancy cell turned up a green leafy substance, identified by subsequent laboratory testing as marihuana. At the ensuing…

2Cases cited4 opinions

  1. Greene v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
  2. Laureano v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2000
  3. Brown v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2002
  4. De Freitas v. GoordAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by12 opinions

  1. Booker v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Salaam v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Moss v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  4. Rivera v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of DeJesus v. MayesAppellate Division of the Supreme Court of the State of New York · 2021

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