Legal Opinion

Applegate v. Fischer

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

Decided November 17, 2011PublishedCited by 15 opinions

1Opinion of the Court

After petitioner’s urine twice tested positive for opiates, he was served a misbehavior report charging him with drug use. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and that determination was affirmed on administrative appeal. During the course of the administrative proceedings, petitioner filed several requests pursuant to the Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]) seeking numerous documents, many of which were denied. When his administrative appeals of those denials were likewise unsuccessful, petitioner…

2Cases cited7 opinions

  1. Beyah v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  2. Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Rhodes v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
  4. John H. v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  5. Valdez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by15 opinions

  1. McFadden v. FondaAppellate Division of the Supreme Court of the State of New York · 2017
  2. Sykes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Cohen v. AloisAppellate Division of the Supreme Court of the State of New York · 2022
  4. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Marcial v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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