Legal Opinion

McDonald v. Fischer

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

Decided November 27, 2013Published

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 a prison disciplinary rule.

*1208Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of assault on an inmate. The Attorney General has informed this Court that, during the pendency of this proceeding, the determination has been administratively reversed and all references thereto have been expunged from…

2Cases cited2 opinions

  1. Canales-Sanchez v. SchneidermanAppellate Division of the Supreme Court of the State of New York · 2013
  2. Oliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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