Legal Opinion
Rico v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2013PublishedCited by 5 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.
While refusing a correction officer’s request to provide a urine specimen, petitioner displayed his middle finger and used profanity. As a result, he was charged in a misbehavior report with refusing a direct order, failing to comply with urinalysis testing procedures and harassment. Petitioner was found guilty of the charges following a tier III…
2Cases cited7 opinions
- Amaker v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- Billue v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Sital v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Ventimiglia v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Matter of Duchnowski v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Harris v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Jackson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Wigfall v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Wilson v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018