Legal Opinion

Matter of Encarnacion v. Annucci

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

Decided May 25, 2017No. 523266PublishedCited by 7 opinions

1Opinion of the CourtPeters, P.J.

Appeal from a judgment of the Supreme Court (Hard, J.), entered May 17, 2016 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with lying following an investigation into petitioner’s accusation that he was physically and sexually assaulted by correction facility staff. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and the determination was affirmed…

2Cases cited7 opinions

  1. Encarnacion v. ContigugliaNew York Court of Appeals · 2001
  2. Matter of Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2016
  3. Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  4. Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by7 opinions

  1. Matter of Cruz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Douglas v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Cabrera v. ManuelAppellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Anselmo v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019

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