Foote v. Flood
This text of 44 A.D.2d 566 (Foote v. Flood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a proceeding pursuant to article 78 of the CPLR to review a forfeiture of five days’ “good time” credit in the Nassau County Jail, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered October 26, 1973, which dismissed the petition. Judgment affirmed, without costs. Before petitioner ¡was deprived of five days’ jail time, an inquiry was conducted by the prison officials at which (1) the nature of her offense was explained to her, (2) she was informed of the evidence against her and (3) she was offered a reasonable opportunity to explain her activities. That is all that due process requires (Sostre v. McGinnis, 442 F. 2d 178, 198, 203). Latham, Acting P. J., Shapiro, Cohalan, Christ and Munder, JJ., concur.
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Cite This Page — Counsel Stack
44 A.D.2d 566, 353 N.Y.S.2d 228, 1974 N.Y. App. Div. LEXIS 5521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foote-v-flood-nyappdiv-1974.