Legal Opinion

Gomez v. Fischer

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

Decided June 3, 2010PublishedCited by 21 opinions

1Opinion of the CourtStein, J.

Proceeding pursuant to CFLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review (1) a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules, and (2) determinations of respondents denying certain requests under the Freedom of Information Law.

Petitioner Eddie Gomez (hereinafter petitioner), a prison inmate, was observed reaching into his pants during a visit with his fiancée, petitioner Olga Padilla.* The visit was terminated and a search of Padilla…

2Cases cited20 opinions

  1. Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
  2. Capital Newspapers Division of the Hearst Corp. v. BurnsNew York Court of Appeals · 1986
  3. Data Tree, LLC v. RomaineNew York Court of Appeals · 2007
  4. Konigsberg v. CoughlinNew York Court of Appeals · 1986
  5. Carnevale v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by21 opinions

  1. Friedman v. RiceCourt for the Trial of Impeachments and Correction of Errors · 2017
  2. Applegate v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Doyle v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  4. Piper v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Cohen v. AloisAppellate Division of the Supreme Court of the State of New York · 2022

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