Legal Opinion
James v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 2008PublishedCited by 5 opinions
1Opinion of the Court
Petitioner, a prison inmate, was charged in a misbehavior report with conspiring to introduce marihuana into the facility and soliciting another person to smuggle marihuana into the facility. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed with a modified penalty and this CPLR article 78 proceeding seeking annulment ensued.
We confirm. The determination of guilt is supported by substantial evidence including the misbehavior report and cor*1065roborating hearing testimony from the correction officer…
2Cases cited4 opinions
- Mastropietro v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2008
- Mackie v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
- Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Constantino v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- Quartieri v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Sanders v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
- Kirshtein v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Piletas v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Pitt v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009