Legal Opinion
Alache v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2012PublishedCited by 27 opinions
1Opinion of the Court
*1241We confirm. Substantial evidence, consisting of the misbehavior report and related documentation, as well as the testimony of the correction officer who conducted the search and secured the weapon, supports the determination of guilt (see Matter of Hamilton v Fischer, 84 AD3d 1614 [2011]; Matter of Parra v Fischer, 76 AD3d 724, 725 [2010], lv denied 15 NY3d 714 [2010]). While petitioner maintained that disgruntled inmates who were displeased with his enforcement of alcohol and substance abuse treatment rules planted the weapon in his unlocked locker while he was at work, this presented a…
2Cases cited5 opinions
- Cummings v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- McGowan v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Sweet v. PooleAppellate Division of the Supreme Court of the State of New York · 2008
- Hamilton v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Wade v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by27 opinions
- Lamage v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Oliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Argentina v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Fisher v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Horne v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
22 more not listed; retrieve them via the Exa API.