Legal Opinion

Perez v. Fischer

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

Decided November 29, 2012Published

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 commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, assault on inmates, gang activity and actions detrimental to the order of the correctional facility. The charges stemmed from a security investigation into a rash of fights between…

2Cases cited4 opinions

  1. Phipps v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Abreu v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  3. Pisano v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Sanchez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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