Legal Opinion
Gustus v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 2009PublishedCited by 10 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Sackett, J.), entered May 23, 2008 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CELR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
On April 17, 2007, petitioner was involved in a physical altercation with another inmate. After a correction officer intervened, he directed petitioner to remain in a specific location, but petitioner slipped away into the crowd. As a result, petitioner was charged in a misbehavior report with…
2Cases cited5 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
- Burgess v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
- Griffith v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Thomas v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by10 opinions
- Calcaterra v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Wendell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Alicea v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Strauss v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Barnes v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2022
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