Tarbell v. Prack
Cases that cite this one
11 later published cases cite this decision.
- Matter of Johnson v. Annucci (Appellate Division of the Supreme Court of New York 2023)
- Matter of Kha'Sun Creator Allah v. Venettozzi (Appellate Division of the Supreme Court of New York 2019)
- Matter of Credell v. Hurt (Appellate Division of the Supreme Court of New York 2018)
- Matter of Haigler v. Keyser (Appellate Division of the Supreme Court of New York 2017)
- Jamison v. Griffin (Appellate Division of the Supreme Court of New York 2017)
- Jamison v. Griffin (Appellate Division of the Supreme Court of New York 2017)
- Curry v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Curry v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Matter of Bailey v. Prack (Appellate Division of the Supreme Court of New York 2015)
- Hyatt v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Hyatt v. Fischer (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Petitioner, a prison inmate, served as the secretary of the inmate liaison committee and was charged in a misbehavior report with disobeying a direct order, interfering with an employee and creating a disturbance after he sent a proposal to the Commissioner of Corrections and Community Supervision on behalf of the committee after receiving a direct order not to do so without approval. Following a tier III disciplinary hearing, he was found guilty of all charges and that determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.
Initially, the Attorney General concedes, and we agree, that the record does not contain substantial evidence to support a finding of guilt with regard to the charges of interfering with an employee and creating a disturbance. Therefore, the determination must be annulled to that extent and, because the penalty included a recommended loss of good time, the matter must be remitted to the Commissioner for a redetermination of the penalty (see Matter of Joseph v Fischer, 85 AD3d 1514, 1515 [2011]; Matter of Davis v Fischer, 76 AD3d 1154, 1155 [2010]).
Turning to the remaining charge, the misbehavior report,
Mercure, J.P., Rose, Kavanagh, McCarthy and. Garry, JJ., concur. Adjudged that the determination is modified, without costs, by annulling so much thereof as found petitioner guilty of interfering with an employee and creating a disturbance and imposed a penalty; petition granted to that extent, the Commissioner of Corrections and Community Supervision is directed to expunge all references thereto from petitioner’s institutional record and matter remitted to the Commissioner for an administrative redetermination of the penalty on the remaining violation; and, as so modified, confirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.