Legal Opinion

Tolliver v. Fischer

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

Decided April 18, 2013PublishedCited by 8 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.

Petitioner was allegedly observed having sex with a visitor and, accordingly, was charged in a misbehavior report with violating the prison disciplinary rules prohibiting sexual acts and the creation of a disturbance. He was found guilty as charged following a tier III disciplinary hearing, and that determination was affirmed upon administrative appeal.…

2Cases cited5 opinions

  1. La Van v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  2. Auricchio v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Douglas v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by8 opinions

  1. Matter of Tolliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Douglas v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Nova v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Boyd v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Boyd v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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