Legal Opinion

Gaines v. Fischer

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

Decided November 5, 2009PublishedCited 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.

*1081Petitioner was a participant in a fight involving multiple inmates and he disregarded a correction officer’s directive to cease such conduct. As a result, he was charged in a misbehavior report with fighting, refusing a direct order and creating a disturbance. Following a tier III disciplinary hearing, he was found guilty of the charges, and the…

2Cases cited6 opinions

  1. Serrano v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  2. Griffin v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Lamage v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  4. Jackson v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Roye v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Garcia v. BertoneAppellate Division of the Supreme Court of the State of New York · 2012
  2. Nunez v. UngerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Lovett v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
  4. Gonzalez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2011

4 more not listed; retrieve them via the Exa API.

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