Legal Opinion
Grant v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 2009PublishedCited by 7 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 10, 2008 in St. Lawrence County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of possessing an altered item, but not guilty of possessing a weapon. The former charge constituted, at most, a tier II disciplinary rule violation (see 7 NYCRR 270.2 [B] [14] [ii]), while the latter charge constituted,…
2Cases cited2 opinions
- Jackson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Howard v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by7 opinions
- Mercer v. ArtusAppellate Division of the Supreme Court of the State of New York · 2010
- Dagnone v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Shearer v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
- Wooley v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Cox v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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