Legal Opinion
Myers v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2013PublishedCited by 4 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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
After petitioner was released from his cell to go to the yard, a correction officer observed him bend down and retrieve a piece of white tissue paper from the floor. Prior to submitting to a pat frisk, the officer saw petitioner remove the tissue paper from his coat pocket and discard it. The officer…
2Cases cited4 opinions
- Thorpe v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Burgess v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Cowan v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Weight v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by4 opinions
- Campbell v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Campbell v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014