Wheeler-Whichard v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
After a frisk of his prison cell, petitioner was charged in a misbehavior report with, as relevant here, possession of gang-related materials, excess/altered items, prohibited items and unauthorized literature. Following a tier III disciplinary hearing during which petitioner pleaded guilty to the possession of excess clothing, he was found guilty of the remaining charges. His administrative appeal was unsuccessful, whereupon petitioner commenced the instant CPLR article 78 proceeding.
Initially, Supreme Court did not err in transferring the proceeding to this Court, inasmuch as petitioner…
2Cases cited13 opinions
- Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- McFadden v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2009
- Gomez v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
- Pertillar v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Stallone v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harvey v. BradtAppellate Division of the Supreme Court of the State of New York · 2011
- Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Minton v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Arrington v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2011
- Boyd v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
9 more not listed; retrieve them via the Exa API.