Legal Opinion

Valdez v. Fischer

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

Decided June 17, 2010PublishedCited by 6 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.

*1597During a search of petitioner’s cell, a correction officer discovered various items including an altered hot pot, two taped up rolls of paper, a power protein container filled with flour, a toilet bowl brush and a wooden spoon with a charred tip. As a result, he was charged in a misbehavior report with possessing an altered item, possessing items in a…

2Cases cited3 opinions

  1. Gaines v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Campisi v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Tarantola v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Castillo v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Encarnacion v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Castillo v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Torres v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
  5. MatterofCastillovFischerAppellate Division of the Supreme Court of the State of New York · 2014

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