You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Castro v. Prack

Citations: 121 A.D.3d 1145; 993 N.Y.S.2d 522

Court: Appellate Division of the Supreme Court of the State of New York; October 2, 2014; New York; State Appellate Court

Narrative Opinion Summary

Appeal from a Supreme Court judgment in Chemung County, dated March 27, 2013, which dismissed a petitioner's application for a CPLR article 78 proceeding. The petitioner sought to review a determination by the Commissioner of Corrections and Community Supervision, who found the petitioner guilty of violating a prison disciplinary rule. The appellate court affirmed the judgment without issuing an opinion, with Justices Peters, Lahtinen, Garry, Devine, and Clark concurring. The ruling was made without costs.

Legal Issues Addressed

Appellate Court Affirmation

Application: The appellate court affirmed the Supreme Court's judgment without issuing an opinion and ruled without costs.

Reasoning: The appellate court affirmed the judgment without issuing an opinion, with Justices Peters, Lahtinen, Garry, Devine, and Clark concurring. The ruling was made without costs.

CPLR Article 78 Proceedings

Application: The petitioner's application for a CPLR article 78 proceeding was dismissed by the Supreme Court, and this dismissal was affirmed by the appellate court.

Reasoning: Appeal from a Supreme Court judgment in Chemung County, dated March 27, 2013, which dismissed a petitioner's application for a CPLR article 78 proceeding.

Prison Disciplinary Rule Violation

Application: The petitioner was found guilty by the Commissioner of Corrections and Community Supervision of violating a prison disciplinary rule, a finding that the petitioner sought to challenge.

Reasoning: The petitioner sought to review a determination by the Commissioner of Corrections and Community Supervision, who found the petitioner guilty of violating a prison disciplinary rule.