Legal Opinion

Colon v. Fischer

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

Decided November 5, 2009Published

1Opinion of the Court

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.

Following a tier III disciplinary hearing, petitioner was found guilty of fighting, violent conduct and disturbing the order of the facility resulting from a prison yard fight involving at least 12 inmates. That determination was administratively affirmed and petitioner commenced this CPLR article 78 proceeding seek*1111ing annulment. The Attorney General has advised this…

2Cases cited2 opinions

  1. Hernandez v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
  2. Hardy v. BezioAppellate Division of the Supreme Court of the State of New York · 2009

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