People ex rel. Roides v. Smith
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Knowles (N.Y. 1996)
- Williams v. Smith (Appellate Division of the Supreme Court of New York 1988)
- Pineda v. Grande Drilling Corp. (N.M. Ct. App. 1991)
- Ivan Laboy v. Thomas A. Coughlin (2d Cir. 1987)
- McDermott v. Coughlin (New York Supreme Court 1987)
- People ex rel. Kinard v. New York State Division (New York Supreme Court 1997)
- LaFaso v. Patrissi (Vt. 1993)
- Abreu v. Coughlin (New York Supreme Court 1988)
- Davidson v. Smith (N.Y. 1986)
- Gonzalez v. Scully (Appellate Division of the Supreme Court of New York 1986)
- Mahoney v. State of New York (Appellate Division of the Supreme Court of New York 2017)
- County of Niagara v. Daines (Appellate Division of the Supreme Court of New York 2010)
- Board of Education of the North Tonawanda City School District v. Mills (Appellate Division of the Supreme Court of New York 1999)
- Persing v. Coughlin (Appellate Division of the Supreme Court of New York 1995)
- People ex rel. Johnson v. New York State Board of Parole (Appellate Division of the Supreme Court of New York 1992)
- Tumminia v. Coughlin (Appellate Division of the Supreme Court of New York 1992)
- Abreu v. Coughlin (Appellate Division of the Supreme Court of New York 1990)
- Sound Distributing Corp. v. New York State Liquor Authority (New York Supreme Court 1989)
- Walker v. Coughlin (Appellate Division of the Supreme Court of New York 1988)
- Bradley v. Smith (Appellate Division of the Supreme Court of New York 1988)
- Abbott v. Kelly (Appellate Division of the Supreme Court of New York 1988)
- MATTER OF HOP-WAH v. Coughlin (N.Y. 1987)
- Flores v. Smith (Appellate Division of the Supreme Court of New York 1987)
- McAllister v. Jones (Appellate Division of the Supreme Court of New York 1987)
- Cuevas v. Coughlin (Appellate Division of the Supreme Court of New York 1987)
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
OPINION OF THE COURT
Memorandum.
The orders of the Appellate Division should be affirmed, without costs.
In these 15 separate article 78 proceedings challenging prison disciplinary board determinations that respondents, then inmates at Attica Correctional Facility, violated institutional rules, respondents contend that the inmate behavior rules were not filed with the Secretary of State at the time of the alleged violations, that the rules were therefore ineffective, and that the findings of guilt must for that reason be annulled. Appellant does not dispute that the rules were unfiled. In this situation, the rules were of no effect whatever, and findings of guilt based on them must be vacated in accordance with Matter of Jones v Smith (64 NY2d 1003). While respondents first urge this argument on appeal, appellant suggests no factual showing or legal counterstep that might have been made if the argument had been tendered below.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone, JJ., concur; Judge Hancock, Jr., taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.