Legal Opinion
Burr v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 2012Published
1Opinion of the CourtSpain, J.
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.
The misbehavior report and testimony at the disciplinary hearing provide substantial evidence to support the determination finding petitioner guilty of harassment, refusing a direct order and making threats (see Matter of Harrington v Prack, 91 AD3d 1244, 1245 [2012]; Matter of Sweet v Woods, 60 AD3d 1183 [2009]). Petitioner’s contention that there is no…
2Cases cited5 opinions
- Thompson v. VotrawAppellate Division of the Supreme Court of the State of New York · 2009
- Vega v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
- Harrington v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Sweet v. R. WoodsAppellate Division of the Supreme Court of the State of New York · 2009
- Serrano v. GoordAppellate Division of the Supreme Court of the State of New York · 2006