Legal Opinion

Darvie v. Fischer

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

Decided April 15, 2010PublishedCited by 3 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (McGrath, J.), entered July 21, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

While awaiting entry to the prison clinic, petitioner refused a correction officer’s directive to return to á nearby bullpen. He further told the officer that he had to use the bathroom, but left without doing so. As a result, he was charged in a misbehavior report with refusing a direct order,…

2Cases cited3 opinions

  1. Parkinson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  2. McIver v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Lebron v. ArtusAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by3 opinions

  1. Argentina v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Lewis v. State of N.Y. Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2021
  3. Argentina v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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