Legal Opinion

Matthews v. Fischer

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

Decided September 19, 2013PublishedCited by 5 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.

During a search of petitioner’s cell, a correction officer found a number of prohibited items, including a pair of tweezers that had sharpened ends. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing contraband, possessing an article in a prohibited area and possessing an altered item. He was found guilty of the…

2Cases cited5 opinions

  1. Hill v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
  2. Procopio v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Spears v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Tinker v. BezioAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by5 opinions

  1. Matter of Perkins v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Sierra v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  3. Toutpuissant v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Daum v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  5. Toutpuissant v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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