Legal Opinion

Fernandez v. Goord

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

Decided March 2, 2006PublishedCited by 9 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.

Acting upon information that a weapon might be in the cell that petitioner occupied with another inmate, correction officers searched it and recovered a sharpened plastic object concealed in petitioner’s mattress. As petitioner exited the cell, he attempted to strike one of the officers with a clenched fist. As a result, petitioner was charged in a…

2Cases cited4 opinions

  1. Antinuche v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Jackson v. SmithAppellate Division of the Supreme Court of the State of New York · 2004
  3. Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
  4. Quezada v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by9 opinions

  1. Fontaine v. Superintendent of Southport Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2006
  2. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Phillips v. LeeAppellate Division of the Supreme Court of the State of New York · 2014
  4. Rodriguez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  5. Tafari v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007

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