Legal Opinion
Phillips v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2010PublishedCited by 2 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was served with a misbehavior report charging him with harassment and making threats when, dissatisfied with a delay caused by a correction officer performing another task, he stated that “any f. . .ing idiot could do this job, and Rodriguez should be taken out back and shot.” Petitioner was…
2Cases cited6 opinions
- Key v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Haynes v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Minton v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Tevault v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Elliott v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by2 opinions
- Deleon v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Deleon v. PrackAppellate Division of the Supreme Court of the State of New York · 2013