Legal Opinion

Hynes v. Fischer

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

Decided March 14, 2013PublishedCited by 5 opinions

1Opinion of the Court

*1016Appeal from a judgment of the Supreme Court (Zwack, J.), entered October 21, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner’s cell was searched on two different dates and a number of items were recovered. As a result, two misbehavior reports were prepared charging petitioner with various prison disciplinary rule violations. A tier III disciplinary hearing was conducted with respect to the charges contained in the first report and petitioner was found guilty of gambling and possessing contraband. This…

2Cases cited3 opinions

  1. Morales v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Hamilton v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. McKethan v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by5 opinions

  1. Merritt v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. MatterofStarlingvNewYorkStateDepartmentofCorrectionsandCommunitySupervisionAppellate Division of the Supreme Court of the State of New York · 2014
  3. Merritt v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Starling v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2014
  5. Starling v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2014

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