Legal Opinion

McFadden v. Prack

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

Decided March 23, 2012PublishedCited by 17 opinions

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, Cayuga County [Mark H. Fandrich, A.J.], entered September 22, 2011) 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 modified on the law and the petition is granted in part by annulling that part of the determination finding that petitioner violated inmate rule 113.27 (7 NYCRR 270.2…

2Cases cited5 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Edwards v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Cross v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  5. Fuentes v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by17 opinions

  1. Stewart v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Rodriguez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Murphy v. GrahamAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Rosales v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Johnson v. LempkeAppellate Division of the Supreme Court of the State of New York · 2016

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