Legal Opinion

Lozada v. Fischer

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

Decided December 10, 2009PublishedCited by 7 opinions

1Opinion of the Court

As the result of an authorized mail watch, correction officials discovered letters from petitioner to inmates in other correctional facilities secreted in a letter sent by petitioner to his daughter. Based on this discovery, petitioner was charged in a misbehavior report with failing to comply with correspondence procedures, smuggling, impersonation, providing legal assistance to another inmate and making an unauthorized exchange. Following a tier III disciplinary hearing, petitioner was found guilty of smuggling, impersonation and failing to comply with correspondence procedures, and found…

2Cases cited4 opinions

  1. Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Kirby v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
  3. Devivo v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  4. Knight v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by7 opinions

  1. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Santana v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Mena v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Montes v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  5. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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