Legal Opinion

Barca v. Fischer

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

Decided January 20, 2011PublishedCited by 15 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.

When petitioner, a prison inmate, was observed picking up an unknown object, he was escorted into a common room by a correction officer who ordered him to submit to a pat frisk. During the frisk, petitioner spun and struck the officer in the eye with his right fist, after which petitioner was subdued without further incident. As a result, petitioner was…

2Cases cited12 opinions

  1. Hill v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  2. Abreu v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  3. Quartieri v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  4. Reese v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  5. McFadden v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2009

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

3Cited by15 opinions

  1. Morales v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Flournoy v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  4. Canty v. EsgrowAppellate Division of the Supreme Court of the State of New York · 2011
  5. Jackson v. PrackAppellate Division of the Supreme Court of the State of New York · 2011

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

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