Legal Opinion

Clark v. Fischer

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

Decided November 14, 2013PublishedCited 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.

After petitioner, a prison inmate, was observed on facility video surveillance attempting to place something in his rectum during a visit, he was placed on a contraband watch. That night, a clear plastic wrapping containing a substance that was later determined to be marihuana was discovered in petitioner’s feces, and a misbehavior report was issued…

2Cases cited4 opinions

  1. Harrison v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Faraldo v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  3. Austin v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012
  4. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by9 opinions

  1. Grant v. RockAppellate Division of the Supreme Court of the State of New York · 2014
  2. Williams v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  3. Robinson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  4. Grant v. RockAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Phillips v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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