Legal Opinion
McLaughlin v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 15 opinions
1Opinion of the Court
*1072Following a melee in the prison exercise yard involving multiple inmates, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct and failing to follow a direct order. Petitioner was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report and the hearing testimony of its author provide substantial evidence in support of the determination of guilt (see Matter of Sanders v Goord, 47 AD3d 987, 988 [2008]).…
2Cases cited3 opinions
- Sanders v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
- Johnson v. RockAppellate Division of the Supreme Court of the State of New York · 2009
- Addison v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by15 opinions
- Garcia v. BertoneAppellate Division of the Supreme Court of the State of New York · 2012
- Nunez v. UngerAppellate Division of the Supreme Court of the State of New York · 2012
- Lovett v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Rivera v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
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