Legal Opinion

Samuels v. Fischer

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

Decided August 2, 2012PublishedCited by 4 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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III disciplinary hearing, petitioner was found guilty of engaging in violent conduct, creating a disturbance, two counts of assaulting staff, two counts of refusing a direct order, interfering with an employee, being out of place and violating facility movement regulations. The…

2Cases cited5 opinions

  1. MATTER OF BARNES v. LeFevreNew York Court of Appeals · 1986
  2. Hill v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Barone v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  4. Moye v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Jamison v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by4 opinions

  1. Matter of Allaway v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Doleman v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Douglas v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Gross v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

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