Legal Opinion

Muller v. Fischer

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

Decided May 21, 2009PublishedCited by 20 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.

After a search of his cube disclosed a bent can lid underneath his locker, petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit possessing a weapon and possessing an altered item. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and a penalty was imposed. Petitioner’s…

2Cases cited5 opinions

  1. Wilson v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  2. Kearney v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  3. Parrilla v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  4. Abdullah v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  5. Amadeo v. GoordAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by20 opinions

  1. Fisher v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Dushock v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  4. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Stallone v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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