Legal Opinion
Oliver v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2013PublishedCited 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 a prison disciplinary rule.
During a search of petitioner’s cell, a correction officer found what appeared to be a partially-smoked marihuana cigarette. The item was recovered and tested, but the results were negative for marihuana. Nevertheless, petitioner was charged in a misbehavior report with possessing contraband. He was found guilty of the charge following a tier III disciplinary…
2Cases cited3 opinions
- Alache v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Amen v. JamesAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by18 opinions
- McFadden v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Holmes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of King v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Truman v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
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