Legal Opinion

Ayala v. Fischer

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

Decided April 19, 2012PublishedCited by 5 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 a prison disciplinary rule.

During a search of a locker in petitioner’s cell, a correction officer found, among other things, items containing phrases and symbols associated with an illegal gang. Consequently, petitioner was charged in a misbehavior report with possessing gang-related material. At the conclusion of a tier III disciplinary hearing, he was found guilty of the charge and the…

2Cases cited5 opinions

  1. Harvey v. BradtAppellate Division of the Supreme Court of the State of New York · 2011
  2. Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Reid v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Huggins v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Vasquez v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by5 opinions

  1. Gittens v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Evans v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  4. Gittens v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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