Legal Opinion

Byrd v. Fischer

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

Decided May 15, 2014PublishedCited by 11 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.

Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, assaulting staff and interfering with an employee. According to the misbehavior report, petitioner was identified as one of approximately 25 inmates who were throwing closed-fist punches at correction officers during a mass disturbance in the main yard.…

2Cases cited3 opinions

  1. Gaston v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Cody v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Lewis v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by11 opinions

  1. Matter of Reyes v. KeyserAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Allen v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
  3. Lopez v. Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Medina v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Burgos v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

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