Legal Opinion

Smith v. Fischer

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

Decided November 29, 2012PublishedCited 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 Albany County) to review a determination of respondent which found petitioner guilty of violating a disciplinary rule.

Petitioner, an inmate, was found guilty of violating a disciplinary rule prohibiting possession of gang-related material. The misbehavior report states that during a search of petitioner’s property upon his transfer from another facility, a photograph showing a gang-related hand gesture, 12 pages of material containing language consistent with a gang and two envelopes…

2Cases cited5 opinions

  1. Flournoy v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  2. Wheeler-Whichard v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Arrington v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2011
  4. Delos Santos v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  5. Rogers v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by7 opinions

  1. Madison v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Jay v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Inoa v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
  4. Inoa v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
  5. Jay v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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