Legal Opinion

Santana v. Fischer

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

Decided November 10, 2010PublishedCited by 10 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 an authorized mail watch was in effect, petitioner, a prison inmate, was discovered to have sent letters to his sister containing gang information and which she was to forward to other incarcerated gang members. As a result, petitioner was served with a misbehavior report and, after a tier III disciplinan hearing, was found guilty of gang activity and…

2Cases cited3 opinions

  1. Devivo v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  2. Lozada v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Lebron v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by10 opinions

  1. Kimbrough v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Chandler v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Mena v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Ramos v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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