Legal Opinion

Moore v. Fischer

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

Decided November 29, 2012Published

1Opinion of the CourtMalone Jr., J.

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.

*1312On August 3, 2011, shortly after his transfer from Livingston Correction Facility in Livingston County, petitioner was served with a misbehavior report issued at the new facility, Collins Correctional Facility in Erie County, alleging that he violated prison disciplinary rules by smuggling and possessing drugs. Specifically, a Collins correction officer…

2Cases cited4 opinions

  1. Gonzales v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
  2. France v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  3. Vargas v. SelskyAppellate Division of the Supreme Court of the State of New York · 2010
  4. Gibson v. FischerAppellate Division of the Supreme Court of the State of New York · 2008

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