Legal Opinion

Blocker v. Fischer

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

Decided November 8, 2012Published

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 two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

During a search of petitioner’s cell, a correction officer discovered a green leafy substance wrapped in tissue paper secreted inside a toilet paper roll. The substance tested positive for marihuana, and petitioner was charged in a misbehavior report with possessing a controlled substance. He was found guilty of this charge following a tier III…

2Cases cited6 opinions

  1. Cruz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
  3. Tafari v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Vega v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2012
  5. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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