Legal Opinion
Lumpkin v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2012PublishedCited by 7 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, a prison inmate, commenced this CPLR article 78 proceeding seeking to challenge that part of a tier III disciplinary determination finding him guilty of two charges of possession of gambling paraphernalia, each set forth in a separate misbehavior report. Specifically, the first report, authored by Correction Officer Thurston, states that on…
2Cases cited3 opinions
- Collins v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Povataj v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Mills v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- Matter of Horton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Briggs v. LilleyAppellate Division of the Supreme Court of the State of New York · 2020
- Stapleton v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Williams v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
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