Legal Opinion

Robertson v. Fischer

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

Decided February 4, 2010PublishedCited 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.

After a frisk of petitioner’s prison cell revealed a plexiglás shank secreted under the toilet, he was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was administratively affirmed. He thereafter commenced this CPLR article 78 proceeding.

We confirm. The…

2Cases cited6 opinions

  1. McFadden v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2009
  2. Holmes v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Pertillar v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Johnson v. RockAppellate Division of the Supreme Court of the State of New York · 2009
  5. James v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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

3Cited by6 opinions

  1. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Barnes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  3. Devaughn v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  4. Injah Tafari v. SelskyAppellate Division of the Supreme Court of the State of New York · 2010
  5. Matter of Moore v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API