Phipps v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Based upon an investigation, petitioner, a prison inmate, was *1397identified as a gang member who was involved in a conspiracy to assault several prison guards. As a result, he was charged in a misbehavior report with gang activity, conspiring to commit an assault on staff and conspiring to participate in group violence, and he was found guilty of those charges after a tier III disciplinary hearing. That determination was affirmed on administrative appeal, after which petitioner commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, hearing testimony and confidential…
2Cases cited7 opinions
- Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Rivera v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Sanders v. HaggettAppellate Division of the Supreme Court of the State of New York · 2010
- Smiton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
- Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
15 more not listed; retrieve them via the Exa API.