Legal Opinion
Perez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2011PublishedCited by 5 opinions
1Opinion of the Court
Correction officials learned through a confidential source that petitioner had threatened another inmate with a homemade weapon in the shower area. As a result, petitioner was charged in a misbehavior report with making threats and possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the testimony of the correction officers familiar with the incident and the confidential information…
2Cases cited6 opinions
- Barton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Jackson v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Vidal-Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Estevez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Rivera v. ArtusAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hayward v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Wallace v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Hayward v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2014