Legal Opinion
Thacker v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2009PublishedCited by 2 opinions
1Opinion of the Court
Following the monitoring of petitioner’s telephone calls, he was charged in a misbehavior report with conspiring to introduce drugs into the prison and smuggling. A tier III disciplinary hearing resulted in a determination of his guilt, which was upheld upon administrative appeal. Petitioner, thereafter, commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, hearing testimony, tape recording and transcript of petitioner’s telephone call, as well as the confidential testimony considered by the Hearing Officer, support the determination that petitioner solicited his…
2Cases cited6 opinions
- Hale v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Moore v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Rosario v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
- Samuel v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Florentino v. WashburnAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- Maldonado v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
- Maldonado v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012