Legal Opinion
Somerville v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 2012PublishedCited by 16 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.
Following a family reunion program visit, petitioner was brought to the auditorium by a correction officer to provide a urine sample for testing, at which time petitioner became disruptive and used profane language. The officer applied a body hold to petitioner to prevent an assault and a physical altercation ensued, which resulted in petitioner striking…
2Cases cited4 opinions
- Dozier v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Terrence v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Peana v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by16 opinions
- Moreno v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Quezada v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Martin v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Cornelius v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
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