Legal Opinion

Smythe v. Fischer

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

Decided January 24, 2013PublishedCited by 8 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 which found petitioner guilty of violating certain prison disciplinary rules.

During the course of an investigation, a correction sergeant received confidential information that petitioner was planning to escape from the correctional facility while on an outside trip and was going to have the escorting correction officers assaulted. *1040Consequently, petitioner was charged in a misbehavior report with attempting to escape and engaging in…

2Cases cited3 opinions

  1. Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. White v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by8 opinions

  1. Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Baez v. BellnierAppellate Division of the Supreme Court of the State of New York · 2015
  3. Spencer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  4. MatterofSpencervAnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  5. Spencer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014

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