Brown v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a Tier III disciplinary hearing, that he violated inmate rules 102.10 (7 NYCRR 270.2 [B] [3] [i] [threats of violence]) and 107.20 (7 NYCRR 270.2 [B] [8] [iii] [false statements]). We agree with petitioner that the determination is not supported by substantial evidence.
Petitioner was charged with violating the two rules at issue based upon allegations that he wrote a threatening letter to a counselor at a correctional facility. Respondent contends that the inmate misbehavior report,…
2Cases cited8 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- Daise v. GiambrunoAppellate Division of the Supreme Court of the State of New York · 2001
- Smith v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Debose v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McFadden v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Bethune v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Stapleton v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Porter v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Bethune v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.