Legal Opinion
Smith v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2010PublishedCited by 3 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.
Petitioner and 33 other inmates — all residents of the same cell block — failed to line up in the prison yard after being directed to do so approximately six times over the public address system. Petitioner was then served with a misbehavior report charging him with refusing a direct order, being out of place, refusing staff direction and participating in…
2Cases cited9 opinions
- Gimenez v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
- Morusma v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Hernandez v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Carter v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Ramsey v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Brisman v. FischerAppellate Division of the Supreme Court of the State of New York · 2012