Legal Opinion

Fernandez v. Fischer

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

Decided April 25, 2013PublishedCited by 12 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 the Superintendent of Sullivan *1288Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

While petitioner was being examined by a physician’s assistant at the correctional facility where he was incarcerated, she observed him staring at her breasts. She twice instructed him to stop engaging in such conduct, but he refused. She then directed him to leave the room and he complied. As a result of this…

2Cases cited4 opinions

  1. Mungo v. Director of Special Housing & Inmate Disciplinary ProgramsAppellate Division of the Supreme Court of the State of New York · 2012
  2. White v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Garcia v. BertoneAppellate Division of the Supreme Court of the State of New York · 2012
  4. Johnson v. RockAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by12 opinions

  1. Gaston v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Rodriguez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Fero v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  4. Hinton v. RockAppellate Division of the Supreme Court of the State of New York · 2013
  5. Greaves v. PrackAppellate Division of the Supreme Court of the State of New York · 2013

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