Legal Opinion

Merritt v. Fischer

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

Decided July 25, 2013PublishedCited by 22 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

During a medication run, a facility nurse suspected that petitioner did not swallow his medication and was hoarding it instead. When confronted, petitioner became uncooperative and abusive, yelling profanities at the nurse. As a result, he was charged in a misbehavior report with refusing a direct order and creating a disturbance and his cell was…

2Cases cited16 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Hodge v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  3. Mingo v. ChappiusAppellate Division of the Supreme Court of the State of New York · 2013
  4. Alexander v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  5. Green v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Sanders v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Pilet v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  3. Stephens v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
  4. Vidal v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Lashway v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

17 more not listed; retrieve them via the Exa API.

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