Legal Opinion

Flanders v. Fischer

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

Decided April 18, 2013PublishedCited by 10 opinions

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 a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following an investigation into an alleged drug ring, petitioner was charged in a misbehavior report with smuggling and drug *1239possession. He was found guilty as charged after a tier III disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, testimony of…

2Cases cited4 opinions

  1. Brown v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Boyle v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Sheppard v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  4. Vassell v. FischerAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by10 opinions

  1. Davila v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  2. Welch v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Howard v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Garcia v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017

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