Legal Opinion

Hyatt v. Fischer

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

Decided June 13, 2013Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this *1182Court 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.

Following a tier III disciplinary hearing, petitioner was found guilty of violating various prison disciplinary rules as charged in two misbehavior reports. As is relevant here, the first misbehavior report charged petitioner with threatening to stab a correction officer in the face. The second misbehavior report stemmed from petitioner blocking the view…

2Cases cited4 opinions

  1. Amaker v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  2. Webb v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
  3. Applewhite v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  4. Steward v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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