Legal Opinion

Vassell v. Fischer

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

Decided February 14, 2008PublishedCited by 6 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of fighting, creating a disturbance and engaging in violent conduct. We confirm.

Contrary to petitioner’s assertion, the determination of guilt is supported by substantial evidence…

2Cases cited3 opinions

  1. Catlin v. Gouverneur Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2007
  2. Graham v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Tevault v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by6 opinions

  1. Flanders v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Gaines v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Diaz v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
  4. Williams v. DubrayAppellate Division of the Supreme Court of the State of New York · 2008
  5. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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