Legal Opinion

Lewis v. Fischer

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

Decided November 19, 2009PublishedCited by 2 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 an investigation which indicated that petitioner had exchanged marihuana with his wife during a visit and had later exchanged marihuana with another inmate, petitioner was charged in a misbehavior report with smuggling and engaging in an unauthorized exchange. Following a tier III disciplinary *1242hearing at which petitioner admitted to the unlawful…

2Cases cited6 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Warren v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Calhoun v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Staton v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  5. Profitt v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by2 opinions

  1. Engles v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Wolf v. PowersAppellate Division of the Supreme Court of the State of New York · 2011

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