Legal Opinion

Clark v. Fischer

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

Decided April 24, 2014Published

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 commenced this CPLR article 78 proceeding challenging a determination finding him guilty of drug use as charged in a misbehavior report. The Attorney General has ad*1308vised this Court that the determination at issue has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory surcharge…

2Cases cited2 opinions

  1. Horace v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Blackshear v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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