MATTER OF JOSEY v. GOORD


9 N.Y.3d 386 (2007)

880 N.E.2d 18

849 N.Y.S.2d 497

In the Matter of DEREK JOSEY, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 2007.


Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Albany (Dianna Goodwin, Susan Johnson and Karen Murtagh-Monks of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet, Barbara D. Underwood and Andrew D. Bing of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

GRAFFEO, J.

Petitioner, an inmate in the custody of the New York State Department of Correctional Services (DOCS), brings this CPLR article 78 proceeding claiming that the doctrine of res judicata precludes the imposition of a prison disciplinary penalty based on his second-degree manslaughter conviction because he was previously disciplined in connection with the incident underlying his...

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