Legal Opinion

Caldwell v. Fischer

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

Decided November 12, 2009PublishedCited by 2 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 charged in a misbehavior report with conspiring to introduce drugs into the facility and smuggling after his brother was found with five grams of heroin during a visit and confessed that petitioner had asked him to bring the drugs into the prison. Following a tier III disciplinary hearing, petitioner was found guilty of both…

2Cases cited8 opinions

  1. Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
  2. Chavis v. GoordAppellate Division of the Supreme Court of the State of New York · 2009
  3. Gimenez v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
  4. Dixon v. BrownAppellate Division of the Supreme Court of the State of New York · 2009
  5. Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by2 opinions

  1. Bermudez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Smart v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010

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