Legal Opinion

H'Shaka v. Fischer

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

Decided October 30, 2014Published

1Opinion of the Court

*1456Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent directing that petitioner be placed in administrative segregation.

Following a hearing, petitioner was placed in administrative segregation due to his prior violent conduct and his role in an unauthorized organization (Matter of H’Shaka v Fischer, 100 AD3d 1056, 1056-1057 [2012]). Inasmuch as petitioner had been improperly denied his conditional, regulatory right to call witnesses, this Court remitted the matter for a new hearing…

2Cases cited3 opinions

  1. Fludd v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Rivera v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Wright v. Commissioner of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009

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