Legal Opinion

Holmes v. Fischer

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

Decided October 8, 2009PublishedCited by 10 opinions

1Opinion of the CourtKavanagh, J.

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 a prison disciplinary rule.

Petitioner, a prison inmate, was charged in a misbehavior report with possessing a weapon after a frisk of his cell revealed a plastic shank secreted in a sock found in a bag between the toilet and a wall. Petitioner was found guilty following a tier III disciplinary hearing and, after an unsuccessful administrative appeal, he commenced this CPLR article 78…

2Cases cited12 opinions

  1. Davis v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  2. Kearney v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  3. Jackson v. FisCherAppellate Division of the Supreme Court of the State of New York · 2009
  4. Washington v. NapoliAppellate Division of the Supreme Court of the State of New York · 2009
  5. Alvarez v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by10 opinions

  1. Jones v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  2. Gonzalez v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012
  3. Robertson v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Madden v. GriffinAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Hammock v. KeyserAppellate Division of the Supreme Court of the State of New York · 2023

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

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