Legal Opinion
Hines v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012PublishedCited by 4 opinions
1Opinion of the Court
*1205Initially, petitioner acknowledges that he was advised of his right to administratively appeal the disciplinary determination within 30 days thereof, but did not do so. Accordingly, our review of that determination is precluded by petitioner’s failure to exhaust his administrative remedies (see Matter of Weems v Fischer, 82 AD3d 1454, 1455 [2011]).
With regard to petitioner’s challenge to the merit time allowance determination, as is relevant here, an inmate is disqualified from receiving a merit time allowance if he or she has committed “any serious disciplinary infraction” (Correction Law §…
2Cases cited4 opinions
- Green v. BradtAppellate Division of the Supreme Court of the State of New York · 2012
- Weems v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Brooks v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- La Rocco v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Matter of Beaubrun v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- White v. StateAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Galunas v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
- White v. StateAppellate Division of the Supreme Court of the State of New York · 2014