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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

Judgment from the Supreme Court, Chemung County, dismissing a petitioner's CPLR article 78 application to challenge a determination by the Commissioner of Corrections and Community Supervision, which found the petitioner guilty of violating a prison disciplinary rule, is affirmed. The court issued no opinion on the matter. The decision was concurred by Justices Peters, Lahtinen, Garry, Devine, and Clark. The judgment is affirmed without costs.

Legal Issues Addressed

Affirmation of Lower Court's Decision

Application: The judgment from the lower court dismissing the CPLR article 78 application was affirmed by the appellate court.

Reasoning: The judgment is affirmed without costs.

Concurrence Among Justices

Application: The decision to affirm the dismissal of the petitioner's application was concurred by multiple justices, indicating unanimous agreement.

Reasoning: The decision was concurred by Justices Peters, Lahtinen, Garry, Devine, and Clark.

CPLR Article 78 Application

Application: The court dismissed the petitioner's CPLR article 78 application challenging the determination by the Commissioner of Corrections and Community Supervision.

Reasoning: Judgment from the Supreme Court, Chemung County, dismissing a petitioner's CPLR article 78 application to challenge a determination by the Commissioner of Corrections and Community Supervision, which found the petitioner guilty of violating a prison disciplinary rule, is affirmed.