Legal Opinion
Perez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 2009PublishedCited by 8 opinions
1Opinion of the Court
*1105Proceeding 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.
Following a tier III disciplinary hearing, petitioner was found guilty of making threats against another inmate. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.*
Petitioner’s lone contention is that he was denied due process when the Hearing Officer denied his request to call as a witness the officer who…
2Cases cited4 opinions
- Callender v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
- Davila v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Davis v. BurgeAppellate Division of the Supreme Court of the State of New York · 2008
- Baxton v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
- Bosquet v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Ifill v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Johnson v. RockAppellate Division of the Supreme Court of the State of New York · 2009
- Rico v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
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