Legal Opinion

Dixon v. Fischer

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

Decided September 25, 2014Published

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 a prison disciplinary rule.

Petitioner, a prison inmate, commenced this proceeding to challenge a disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory surcharge refunded to his inmate…

2Cases cited2 opinions

  1. Benitez v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Hodges v. JonesAppellate Division of the Supreme Court of the State of New York · 1993

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