Legal Opinion
Phelps v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2013PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with fighting, engaging in violent conduct, refusing to obey a direct order, destroying state property and possessing a weapon after a correction officer observed him chasing another inmate while carrying a broken squeegee handle. Following a tier III disciplinary hearing, he was found not guilty of…
2Cases cited4 opinions
- Seymour v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Justice v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Vassell v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Tebout v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by4 opinions
- Gaston v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Gaston v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Guerrero v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2013
- Guerrero v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2013