Legal Opinion
James v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 2009PublishedCited 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 disciplinary rules.
Petitioner was observed engaging in a fight with fellow inmates in the recreation yard. When ordered to desist by correction officers, the inmates failed to comply and the officers had to give several more orders to stop before the fight ended. Following a tier III disciplinary proceeding, petitioner was found guilty of engaging in violent conduct, creating…
2Cases cited4 opinions
- Amaker v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
- Frazier v. PrackAppellate Division of the Supreme Court of the State of New York · 2009
- Johnson v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Bowers v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
- Crook v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Lionkingzulu v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Lionkingzulu v. FischerAppellate Division of the Supreme Court of the State of New York · 2013