Legal Opinion

Smith v. Fischer

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

Decided June 23, 2011PublishedCited by 11 opinions

1Opinion of the Court

*1482Proceeding 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.

During a search of petitioner’s cell, a number of items were recovered including, among other things, 134 stamps, a pencil sharpener with a razor, marked playing cards, four guitar cords and two thermos bottles. As a result, petitioner was charged in a misbehavior report with possessing excessive stamps, possessing gambling paraphernalia, stealing state…

2Cases cited10 opinions

  1. Truman v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Sierra v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Pedraza v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hernandez v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  5. Mitchell v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Amen v. JamesAppellate Division of the Supreme Court of the State of New York · 2012
  2. Cooper v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Lashway v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Daum v. SippleAppellate Division of the Supreme Court of the State of New York · 2021
  5. Haughey v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2011

6 more not listed; retrieve them via the Exa API.

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