Elder v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered June 18, 2013) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.
It is hereby ordered that the determination is unanimously annulled on the law without costs, the amended petition is granted and respondent is directed to expunge from petitioner’s institutional record all references to the violation…
2Cases cited6 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- MATTER OF BARNES v. LeFevreNew York Court of Appeals · 1986
- Davila v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Bellamy v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Velasco v. SelskyAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by5 opinions
- Elder v. McCarthyCourt of Appeals for the Second Circuit · 2020
- Matter of Bright v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2025
- PARARA, NATHANIEL C. v. ARTUS, MICHELLE A.Appellate Division of the Supreme Court of the State of New York · 2014
- Parara v. ArtusAppellate Division of the Supreme Court of the State of New York · 2014
- Parara v. ArtusAppellate Division of the Supreme Court of the State of New York · 2014