Legal Opinion
Abreu v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2011PublishedCited by 6 opinions
1Opinion of the Court
Petitioner commenced this CPLR article 78 proceeding challenging two determinations — one rendered March 3, 2010 and the other March 9, 2010 — finding him guilty of violating various disciplinary rules. Initially, we find, and the Attorney General concedes, that because petitioner raised an issue during the second hearing regarding his mental health status, it was error not to receive testimony concerning petitioner’s mental condition (see 7 NYCRR 254.6 [c]). Therefore, the March 9, 2010 determination finding petitioner guilty of lewd conduct and refusing a direct order must be reversed and…
2Cases cited3 opinions
- Black v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Barham v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Gentle v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by6 opinions
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Bilal v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Franza v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012
- Sanchez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
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