Legal Opinion

Abreu v. Fischer

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

Decided April 28, 2011PublishedCited by 9 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 observed by a correction officer lying on his bed naked, masturbating with the lights on and was given a direct order to stop. Shortly thereafter, the officer again passed petitioner’s cell on her rounds and he was standing at his gate masturbating. As a result, petitioner was charged in…

2Cases cited5 opinions

  1. Callender v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Joseph v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. McIver v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  4. Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Wahhab v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by9 opinions

  1. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
  2. Lewis v. LapeAppellate Division of the Supreme Court of the State of New York · 2011
  3. Kalwasinski v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Jamison v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Kalwasinski v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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