Legal Opinion

Triplett v. Fischer

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

Decided September 11, 2008PublishedCited by 6 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

After petitioner was observed throwing fecal matter from his *1076cell, he was charged in a misbehavior report with committing an unhygienic act. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed with a modified penalty, prompting petitioner to…

2Cases cited2 opinions

  1. Rodriguez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Sheils v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by6 opinions

  1. Pante v. GoordAppellate Division of the Supreme Court of the State of New York · 2010
  2. Bridgeforth v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Cole v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Villafane v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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