Legal Opinion
Perez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2010PublishedCited by 14 opinions
1Opinion of the Court
Petitioner was charged in two misbehavior reports with numerous disciplinary rule violations. In the first report, he was charged with refusing a direct order, assaulting staff, engaging in violent conduct and failing to follow frisk procedures after he refused to comply with a correction officer’s directives during a pat frisk and proceeded to strike the officer in the face. In the second report, he was charged with possessing contraband and possessing an altered item after a pointed piece of metal was found in a property bag belonging to him. A tier III disciplinary hearing was thereafter…
2Cases cited4 opinions
- Dozier v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Marcial v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Peana v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Modlenaar v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by14 opinions
- Oliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Somerville v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Tavarez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Carrasco v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Austin v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012
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