Legal Opinion
Crenshaw v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2011PublishedCited by 5 opinions
1Opinion of the Court
Petitioner was charged in a misbehavior report with disobeying a direct order after he refused to report to a sergeant’s of*1247fice as directed by a correction officer. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. After the determination was upheld on administrative appeal, this CPLR article 78 proceeding ensued.
We confirm. The detailed misbehavior report, along with the testimony of the sergeant who had requested petitioner’s presence for an interview concerning a grievance investigation, provide substantial evidence to support the determination of guilt…
2Cases cited4 opinions
- Miller v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Lovett v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Tafari v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2003
- Boyd v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- Harvey v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Hudyih v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
- Sheller v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- Brown v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Brown v. PrackAppellate Division of the Supreme Court of the State of New York · 2015