Legal Opinion
Elliott v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 2010PublishedCited by 4 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 two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner became involved in a loud verbal exchange with another inmate during which petitioner told the inmate that he would “bury [him] underneath the fence.” As a result, petitioner was charged in a misbehavior report with creating a disturbance and making threats. Thereafter, confidential information was obtained which revealed that petitioner had…
2Cases cited4 opinions
- Britt v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Hill v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Gaines v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Wigfall v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by4 opinions
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Ballou v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Phillips v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Green v. BezioAppellate Division of the Supreme Court of the State of New York · 2010