Legal Opinion

Smith v. Fischer

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

Decided September 15, 2011PublishedCited by 15 opinions

1Opinion of the Court

During a search of petitioner’s cell, a correction officer found, among other things, items belonging to other inmates as well as *1199a graffiti-style drawing containing a symbol associated with an illegal gang. As a result, petitioner was charged in a misbehavior report with possessing gang-related material, engaging in an unauthorized exchange and possessing personal information of an employee. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Initially,…

2Cases cited7 opinions

  1. Cornwall v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Phipps v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Sierra v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Purcell v. McKoyAppellate Division of the Supreme Court of the State of New York · 2008
  5. Fernandez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by15 opinions

  1. Linnen v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  2. Hood v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. DeJesus v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  5. Toste v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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

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