Legal Opinion
Linares v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2009PublishedCited by 9 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, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of unauthorized exchange. We now confirm.
Contrary to petitioner’s assertion, the determination of guilt is supported by substantial evidence consisting of the misbehavior report and hearing testimony from the correction…
2Cases cited3 opinions
- Sweat v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Vigliotti v. BellAppellate Division of the Supreme Court of the State of New York · 2008
- Di Rose v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by9 opinions
- Sierra v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Hernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Arriaga v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
- Smiton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
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