Legal Opinion
Stallone v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 2013PublishedCited by 5 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review two determinations of the Superintendent of Franklin Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, in his capacity as an inmate porter, was instructed to buff the floors and refused several times to do so, resulting in a misbehavior report charging him with refusing a direct order. Thereafter, while he was confined to his cube, petitioner was found using the telephone without permission, and he…
2Cases cited3 opinions
- Moreno v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Blackwell v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Rodriguez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by5 opinions
- Matter of Ballard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Mena v. BedardAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Omaro v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Rodriguez v. LeeAppellate Division of the Supreme Court of the State of New York · 2018
- Mena v. BedardAppellate Division of the Supreme Court of the State of New York · 2014