Legal Opinion

Morales v. Fischer

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

Decided July 31, 2014PublishedCited by 7 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

A correction officer witnessed petitioner fighting with an*1299other inmate in his cell. Petitioner ignored the officer’s initial order to stop, but complied with a second order, at which point he and the other inmate were separated. As a result of this incident, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct,…

2Cases cited5 opinions

  1. Alache v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Cummings v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Cox v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Dushock v. PrackAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by7 opinions

  1. Gomez v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Burgos v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Hill v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
  4. Velez v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Thousand v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2022

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