Legal Opinion
Pender v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 5 opinions
1Opinion of the Court
*1100. Petitioner was charged in a misbehavior report with refusing a direct order, making threats and failing to comply with visitation room guidelines. Following a tier III disciplinary hearing, petitioner was found guilty of failing to comply with visitation room guidelines and refusing a direct order, but not the charge of making threats. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. To the extent that petitioner challenges the evidentiary basis of the determination, we conclude that the misbehavior…
2Cases cited6 opinions
- Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Hale v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Trang v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
- Locke v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
- Matter of Spencer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
- Lovett v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Cuppuccino v. HarperAppellate Division of the Supreme Court of the State of New York · 2020