Legal Opinion
Rios v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided February 11, 2009PublishedCited by 6 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 a prison disciplinary rule.
Following two major disturbances involving gang members, petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting unauthorized organization and demonstration. He was ultimately found guilty of only unauthorized organization. Petitioner then commenced this CPLR article 78 proceeding seeking annulment. We now confirm.
It…
2Cases cited3 opinions
- Berry v. PortuondoAppellate Division of the Supreme Court of the State of New York · 2004
- Nova v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Coleman v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Basbus v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
- Edwards v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Washington v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
- Bonez v. Commissioner of Prison System of State of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
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