Legal Opinion

Gaston v. Fischer

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

Decided September 26, 2013PublishedCited by 17 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 certain prison disciplinary rules.

Petitioner was issued two misbehavior reports charging him with several violations of prison disciplinary rules on July 29, 2011. The first report describes how petitioner became belligerent when a correction officer did not immediately open a door to allow petitioner to retrieve his medication. The report alleges that petitioner began swearing at the…

2Cases cited9 opinions

  1. Seymour v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Vega v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
  4. Justice v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Fernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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3Cited by17 opinions

  1. Matter of Shearer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. McFadden v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  3. Stephens v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
  4. Byrd v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Malloy v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2021

12 more not listed; retrieve them via the Exa API.

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