Legal Opinion

Brown v. Fischer

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

Decided May 23, 2013Published

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 a prison disciplinary rule.

Petitioner, an inmate, commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the contested determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5…

2Cases cited2 opinions

  1. Sykes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Murgo v. RacetteAppellate Division of the Supreme Court of the State of New York · 2012

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