Matter of Winston v. Burns
Docket CV-25-1047
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Habeas Corpus
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02317
- Docket
- CV-25-1047
Review of a Superintendent's disciplinary determination brought by petition pursuant to CPLR article 78 transferred to the Appellate Division from Supreme Court, Albany County.
Summary
The Appellate Division, Third Department, denied petitioner Tyrone Winston's CPLR Article 78 challenge to a prison disciplinary finding from Auburn Correctional Facility. The court reviewed the Superintendent's determination that Winston violated a disciplinary rule and concluded the determination should be upheld. The court issued a brief order affirming the disciplinary finding and dismissed the petition, without issuing an opinion explaining its reasoning.
Issues Decided
- Whether the Superintendent's disciplinary determination finding petitioner guilty of a prison disciplinary rule should be annulled on CPLR Article 78 review
- Whether the record supported affirming the disciplinary determination
Court's Reasoning
The court confirmed the Superintendent's disciplinary determination. The order contains no opinion, so the court relied on the record and governing standards for Article 78 review to conclude there was no basis to overturn the disciplinary finding. Because the court issued a summary affirmance, no further factual or legal explanation was provided.
Parties
- Petitioner
- Tyrone Winston
- Respondent
- Lt. Burns, as Hearing Officer at Auburn Correctional Facility
- Attorney
- Letitia James, Attorney General (Kate H. Nepveu of counsel)
Key Dates
- Decision date
- 2026-04-16
- Calendar date
- 2026-03-20
What You Should Do Next
- 1
Consult counsel about further appeal
If petitioner wishes to continue the challenge, he should promptly consult an attorney to evaluate whether to seek leave to appeal and to confirm appellate deadlines.
- 2
Request copies of the record
Obtain the full disciplinary record and the administrative file to evaluate grounds for any further review or collateral relief.
- 3
Consider administrative relief
Explore available prison administrative remedies, such as rehearing or mitigation procedures, if any, to address sanctions or records consequences.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the prison disciplinary finding and dismissed Winston's CPLR Article 78 petition.
- Who is affected by this decision?
- Petitioner Tyrone Winston is directly affected; the disciplinary finding against him remains in place.
- Why didn't the court explain its reasoning?
- The court issued a one-line affirmance 'without opinion,' meaning it upheld the decision but did not publish reasons in this order.
- Can this decision be appealed?
- A further appeal to the Court of Appeals would generally require permission (leave) and is limited; consultation with counsel can clarify available appellate remedies and timelines.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Matter of Winston v Burns - 2026 NY Slip Op 02317 Matter of Winston v Burns 2026 NY Slip Op 02317 April 16, 2026 Appellate Division, Third Department In the Matter of Tyrone Winston, Petitioner, v LT. Burns, as Hearing Officer at Auburn Correctional Facility, et al., Respondents. Decided and Entered:April 16, 2026 CV-25-1047 Calendar Date: March 20, 2026 Before: Garry, P.J., Reynolds Fitzgerald, Ceresia, Mcshan And Ryba, JJ. Tyrone Winston, Attica, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of Auburn Correctional Facility finding petitioner guilty of violating a prison disciplinary rule. Determination confirmed. No opinion. Garry, P.J., Reynolds Fitzgerald, Ceresia, McShan and Ryba, JJ., concur. ADJUDGED that the determination is confirmed, without costs, and petition dismissed.