Legal Opinion

Clark v. Fischer

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

Decided February 27, 2014Published

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 two determinations of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Following an investigation, petitioner was charged in an August 5, 2012 misbehavior report with extortion. A second misbehavior report dated August 6, 2012 charged petitioner with possession of contraband, an unhygienic act and a violation of urinalysis testing procedures after a search of his cell…

2Cases cited3 opinions

  1. Rivera v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Silverstein v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  3. Hodge v. WalshAppellate Division of the Supreme Court of the State of New York · 2012

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