Legal Opinion

McCollum v. Fischer

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

Decided April 16, 2009PublishedCited by 19 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 a prison disciplinary rule.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the possession of contraband after a search of his belongings disclosed, among other things, a lighter. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Petitioner’s administrative appeal was unsuccessful,…

2Cases cited4 opinions

  1. Hamilton v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Jenkins v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1995
  3. Garcia v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  4. Hughes v. GoordAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by19 opinions

  1. Cornwall v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Joseph v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Corporate Woods 11, LP v. Board of Assessment ReviewAppellate Division of the Supreme Court of the State of New York · 2011
  4. Miller v. BreretonAppellate Division of the Supreme Court of the State of New York · 2012
  5. Hynes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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