Legal Opinion

Fowler v. Fischer

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

Decided September 27, 2012PublishedCited by 5 opinions

1Opinion of the CourtStein, J.

Appeal from a judgment of the Supreme Court (Connolly, J.), entered January 18, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding petitioner’s good time allowance.

In July 2008, petitioner was convicted of rape in the second degree and sentenced, as a second felony offender, to 3V2 to 7 years in prison. Shortly before his conditional release date, the Time Allowance Committee recommended that all of petitioner’s good time allowance be withheld until his completion of a sex offender…

2Cases cited3 opinions

  1. Torres v. DurbrayAppellate Division of the Supreme Court of the State of New York · 2009
  2. Benjamin v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Maxson v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. Thomas v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Burnett v. Department of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2021
  5. Thomas v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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