Legal Opinion

Peana v. Fischer

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

Decided September 18, 2008PublishedCited by 9 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.

While on the draft bus, petitioner complained to a correction officer that two other inmates had assaulted him and broken his glasses. He then ignored the officer’s directive to come to the front of the bus. When the officer approached petitioner, petitioner began yelling and kicked the officer in the leg. As a result, petitioner was charged in a…

2Cases cited4 opinions

  1. Parkinson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Abdul-Khaliq v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. Credle v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Russell v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by9 opinions

  1. Terrence v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Thompson v. VotrawAppellate Division of the Supreme Court of the State of New York · 2009
  3. Somerville v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Pedraza v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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