Legal Opinion
Smart v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 2009PublishedCited 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 Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Following a tier III disciplinary hearing, petitioner was found guilty of violating both the prison rule prohibiting the use of controlled substances and the rules governing the family reunion program. The determination of guilt was upheld on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. The misbehavior…
2Cases cited5 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Webb v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
- Hop Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
- Branch v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
- Daniels v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- Mannino v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Mannino v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
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