Legal Opinion

Alicea v. Fischer

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

Decided July 11, 2013PublishedCited by 4 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 disciplinaiy rules.

During a search of petitioner’s cell, various items were discovered and confiscated, including a radio permit that appeared to be forged, as well as a radio and an equalizer, both of which had altered inmate identification numbers. In addition, there was no permit on file in the package room for the equalizer. As a result, petitioner was charged in a…

2Cases cited5 opinions

  1. Gustus v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Burgess v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  3. Griffith v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  4. Gloss v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Prout v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. Matter of Horton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Strauss v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of Davis v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Haigler v. KeyserAppellate Division of the Supreme Court of the State of New York · 2017

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