Legal Opinion

Sorrentino v. Fischer

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

Decided May 16, 2013Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this *1310Court 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.

After a correction officer found heroin in petitioner’s room, he was found guilty of violating a prison disciplinary rule. His administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.

We annul. Petitioner requested the testimony of three witnesses who shared a room with him. The Hearing Officer stated that inmate refusal forms for all…

2Cases cited3 opinions

  1. MATTER OF BARNES v. LeFevreNew York Court of Appeals · 1986
  2. Abdur-Raheem v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Pitts v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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