Legal Opinion

Aguirre v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 2013PublishedCited by 25 opinions

1Opinion of the Court

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 respondent which found petitioner guilty of violating a prison disciplinary rule.

After an anonymous note indicated that a weapon could be *1220found in petitioner’s cell, a search of his cell revealed a three-inch razor-type weapon taped to the underside of a desk. Petitioner was served with a misbehavior report charging him with possession of contraband. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and the…

2Cases cited8 opinions

  1. Fowler v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Fisher v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Horne v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Shorter v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  5. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by25 opinions

  1. Nieves v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  3. Harriott v. KoenigsmannAppellate Division of the Supreme Court of the State of New York · 2017
  4. Stephens v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
  5. McClough v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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