Legal Opinion

Jones v. Fischer

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

Decided January 14, 2010PublishedCited by 13 opinions

1Opinion of the Court

Fetitioner was charged in a misbehavior report with disobeying a direct order, assault, conduct disturbing the facility, failing to comply with frisk procedures, violent conduct and making threats. The charges stemmed from an incident where petitioner, as he was undergoing a random frisk, struck a correction officer in the face and had to be subdued. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. This determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report,…

2Cases cited8 opinions

  1. Bernacet v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
  2. Joyce v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  3. Parkinson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  4. Hale v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  5. McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Wright v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Martinez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Sital v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Hawkins v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

8 more not listed; retrieve them via the Exa API.

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