Legal Opinion

Williams v. Fischer

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

Decided January 28, 2010PublishedCited by 23 opinions

1Opinion of the Court

Petitioner was charged in a misbehavior report with making threats, refusing to obey a direct order, talking in a corridor (creating a disturbance) and harassing an employee. Following a tier III disciplinary hearing, petitioner was acquitted of making threats, but found guilty of the remaining charges. That determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

Substantial evidence, including the misbehavior report and the hearing testimony of its author, supports the determination of guilt for the charges of harassment and refusing a direct order (see…

2Cases cited6 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Sanders v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
  3. Hodge v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  4. Brown v. TaylorAppellate Division of the Supreme Court of the State of New York · 2009
  5. Rizzuto v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

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

3Cited by23 opinions

  1. Bornstorff v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  2. Morusma v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Lamage v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  5. Reid v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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

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