Legal Opinion
Hogan v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2011PublishedCited by 4 opinions
1Opinion of the Court
Memorandum:
Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a Tier III hearing, that he violated inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusal to obey orders]) and 109.12 (7 NYCRR 270.2 [B] [10] [iii] [failure to follow directions relating to movement within the facility]). Petitioner contends that he had a valid excuse for refusing to obey an order to move to a new cell and thus that his violation of those rules was justified. We reject that contention. “[Although petitioner claims that he did not leave [his] cell because he feared…
2Cases cited7 opinions
- People v. MorenoNew York Court of Appeals · 1987
- Rivera v. SmithNew York Court of Appeals · 1984
- Edwards v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Seymour v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Farid v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Harris v. KaplinAppellate Division of the Supreme Court of the State of New York · 2013
- FARRINGTON, HERBERT v. ANNUCCI, ANTHONYAppellate Division of the Supreme Court of the State of New York · 2017
- Harris v. KaplinAppellate Division of the Supreme Court of the State of New York · 2013
- ORTIZ, EDDIE v. KELLY, JR., CHARLESAppellate Division of the Supreme Court of the State of New York · 2013