Legal Opinion
Barnes v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2013PublishedCited by 11 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Cahill, J.), entered August 9, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, among other things, granted respondent’s motion to annul his determination and remit for a new hearing.
In October 2011, petitioner was found guilty of violent conduct, assault on an inmate, possessing a weapon and engaging in gang activity following a tier III disciplinary hearing. He thereafter commenced this CPLR article 78 proceeding challenging that determination. After being informed that only a partial recording of the disciplinary…
2Cases cited4 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Hillard v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Auricchio v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
- Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by11 opinions
- Matter of Caldwell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Hamlett v. KelleyAppellate Division of the Supreme Court of the State of New York · 2015
- Shoga v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Hughes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Nova v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
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