Legal Opinion

Benvenutti v. Fischer

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

Decided November 5, 2009PublishedCited 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 certain prison disciplinary rules.

Following an argument, petitioner was involved in a physical altercation with another inmate and struck that inmate with a weight bar. The inmate reported the incident to a correction officer and, when questioned about his whereabouts during the incident, petitioner gave false information. As a result, petitioner was charged in a misbehavior report with…

2Cases cited6 opinions

  1. Dozier v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Martinez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  3. Rizzuto v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  4. Gonzalez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Sloane v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2008

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

3Cited by7 opinions

  1. Sierra v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Ross v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Thomassini v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  5. McDaniels v. BezioAppellate Division of the Supreme Court of the State of New York · 2010

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

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