Legal Opinion

Diaz v. Fischer

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

Decided August 4, 2011PublishedCited by 6 opinions

1Opinion of the Court

*783Following an investigation into an incident in which an inmate was stabbed eight times, petitioner was charged in a misbehavior report with assault as an accessory, violent conduct as an accessory, and making false statements. Petitioner was found guilty of all three charges after a tier III disciplinary hearing. The determination was upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding, which was dismissed by Supreme Court. Petitioner now appeals.

We affirm. We are not persuaded by petitioner’s contention that he was deprived of his right to call the…

2Cases cited4 opinions

  1. Hill v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  2. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Sime v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. McClean v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. Suero v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Tafari v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. H'Shaka v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. H'Shaka v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Suero v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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