Legal Opinion

Tulloch v. Fischer

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

Decided December 22, 2011PublishedCited by 20 opinions

1Opinion of the Court

Following an incident in the mess hall during which he apparently slashed a fellow inmate in the neck and leg with a butcher knife, petitioner was charged in a misbehavior report with assault and possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed on administrative appeal.* Petitioner then commenced this CPLR article 78 proceeding to challenge the determination, and Supreme Court dismissed the application without a hearing. This appeal ensued.

*1371We affirm. We first reject petitioner’s contention that…

2Cases cited6 opinions

  1. Hill v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  2. Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Barton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Shabazz v. ArtusAppellate Division of the Supreme Court of the State of New York · 2010
  5. Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009

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

3Cited by20 opinions

  1. Matter of Rafael Cortorreal v. Anthony J. AnnucciNew York Court of Appeals · 2016
  2. Lamage v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Espinal v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Harding v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  5. Procopio v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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

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