Legal Opinion
Perea v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2013PublishedCited 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 which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was among a group of inmates being escorted to the afternoon meal. As the inmates reached the rotunda, they were given orders to proceed to the laundry gate. When one of the inmates was taken out of line for a random pat frisk, the remaining inmates, including petitioner, collectively refused to proceed further down the corridor despite several…
2Cases cited4 opinions
- Mungo v. Director of Special Housing & Inmate Disciplinary ProgramsAppellate Division of the Supreme Court of the State of New York · 2012
- Chiarappa v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Amen v. JamesAppellate Division of the Supreme Court of the State of New York · 2012
- Rosario v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by4 opinions
- Matter of Robinson v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
- Howard v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Howard v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Abreu v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020