Legal Opinion

Matter of Wilson v. Fischer

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

Decided July 28, 2016No. 521429Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered October 23, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

During the course of an investigation, correction officials discovered that petitioner had utilized the prison telephone system in a conspiracy to smuggle marihuana into the correctional facility. The conspiracy involved having a correction officer obtain the marihuana from petitioner’s wife…

2Cases cited2 opinions

  1. Rafi v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Cooperider v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015

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