Legal Opinion

Matter of Baxton v. Annucci

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

Decided September 22, 2016No. 522377PublishedCited by 6 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 finding petitioner guilty of violating a prison disciplinary rule.

After petitioner’s urine twice tested positive for marihuana, he was charged in a misbehavior report with use of a controlled substance. He was found guilty following a tier III disciplinary hearing and, as a penalty, the Hearing Officer restored a previously suspended 134-day sentence to the special housing unit. That determination was affirmed on administrative…

2Cases cited6 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Matter of Belle v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Smith v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  4. Burr v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Cobb v. YelichAppellate Division of the Supreme Court of the State of New York · 2014

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3Cited by6 opinions

  1. Matter of Reyes v. KeyserAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Shepherd v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Ballard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Perez v. PolizziAppellate Division of the Supreme Court of the State of New York · 2018
  5. Matter of Rodari v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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