Legal Opinion
Benston v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 2009PublishedCited by 7 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 a physical altercation between petitioner and another inmate, a confidential informant disclosed to a correction officer that petitioner was affiliated with a gang and that the altercation occurred because the other inmate was a rival gang member who had disrespected petitioner. In response, the correction officer interviewed petitioner and…
2Cases cited5 opinions
- Garner v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Samuel v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Sessoms v. Commissioner of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
- Plowden v. BunnAppellate Division of the Supreme Court of the State of New York · 2007
- Staton v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- Palermo v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Rivera v. ArtusAppellate Division of the Supreme Court of the State of New York · 2011
- Butler v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Collins v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Omaro v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
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