Legal Opinion

Welch v. Fischer

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

Decided October 2, 2014PublishedCited by 7 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.

An investigation into a drug operation revealed that petitioner had conspired to bring marihuana and synthetic marihuana into the correctional facility. As a consequence, petitioner was charged in a misbehavior report with smuggling, possession of contraband and possession of drugs. Following a tier III disciplinary hearing, he was found guilty as charged…

2Cases cited3 opinions

  1. Carrero v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Sanders v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
  3. Flanders v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by7 opinions

  1. Matter of Zimmerman v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Holmes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Guillory v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Harris v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Moore v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016

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