Legal Opinion

Joseph v. Fischer

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

Decided November 5, 2009PublishedCited by 9 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this *1104Court by order of the Supreme Court, entered in Broome County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

As petitioner was exiting his prison cell, he turned violently and struck a correction officer in the face with his clenched fist. Officers immediately subdued petitioner, but he continued to struggle despite their repeated orders to cease. As a result, petitioner received a misbehavior report charging him with assaulting staff, interference, violent…

2Cases cited10 opinions

  1. Westfield Family Physicians, Pc v. Healthnow Ny, Inc.New York Court of Appeals · 2009
  2. Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
  3. McCollum v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Gimenez v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
  5. McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wright v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Martin v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Janis v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  4. Bermudez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Abreu v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

4 more not listed; retrieve them via the Exa API.

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