Legal Opinion

Flemming v. Fischer

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

Decided June 24, 2010PublishedCited by 6 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, was using the telephone when a correction officer gave him a direct order to sign the telephone sheet. Petitioner refused in a profane manner after which a *1694sergeant was notified. The sergeant arrived and directed petitioner to get off the telephone and, after refusing, petitioner swung a closed fist at the sergeant. In the…

2Cases cited6 opinions

  1. Terrence v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Griffin v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
  3. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by6 opinions

  1. Bunting v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Jackson v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
  3. Nimmons v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. MatterofWhitevLaClairAppellate Division of the Supreme Court of the State of New York · 2014
  5. White v. LaClairAppellate Division of the Supreme Court of the State of New York · 2014

1 more not listed; retrieve them via the Exa API.

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