Legal Opinion

Harvey v. Fischer

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

Decided April 19, 2012PublishedCited by 18 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.

During a search of petitioner’s cell, a correction officer found a pen with a needle attached to the ink cartridge. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and possessing contraband. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the…

2Cases cited7 opinions

  1. Truman v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Pedraza v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Chiarappa v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Haynes v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  5. Vidal-Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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

3Cited by18 opinions

  1. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Watson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Greathouse v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Valdez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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

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