Legal Opinion

Batts v. Fischer

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

Decided March 5, 2009PublishedCited by 4 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 was charged in a misbehavior report with violating the prison disciplinary rules that prohibit smuggling and possession of a controlled substance after a search of his cell disclosed a green leafy substance that later tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed.…

2Cases cited5 opinions

  1. Diaz v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Yancey v. ConwayAppellate Division of the Supreme Court of the State of New York · 2007
  3. Chapman v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  4. Rios v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  5. Pulliam v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. McFarlane v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Stallone v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Quinones v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Matter of Gonzalez v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017

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