Legal Opinion

Pertillar v. Fischer

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

Decided July 16, 2009PublishedCited by 10 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.

Petitioner, an inmate, was served with a misbehavior report based upon his possession of an investigative memorandum that had been prepared by facility staff pertaining to one of his past grievances. The memorandum had been supplied to petitioner by another inmate who worked in the facility’s grievance office. The misbehavior report charged petitioner with…

2Cases cited3 opinions

  1. Garner v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  2. Washington v. NapoliAppellate Division of the Supreme Court of the State of New York · 2009
  3. Hughes v. GoordAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by10 opinions

  1. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Wheeler-Whichard v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Samuels v. Department of Correctional Services StaffAppellate Division of the Supreme Court of the State of New York · 2011
  4. Bermudez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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