Legal Opinion
Nelson v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2012PublishedCited by 9 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 by a correction officer engaged in a fight with another inmate and petitioner continued fighting despite several direct orders to cease. As a result, he was charged in a misbehavior report with assault, fighting, violent conduct and refusing a direct order. Following a tier III disciplinary hearing, he was found guilty of all…
2Cases cited4 opinions
- Machicote v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Kalwasinski v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Polite v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by9 opinions
- Wright v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2015
- Byas v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Byas v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Gallagher v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
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