Legal Opinion

Lynch v. Fischer

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

Decided August 13, 2009Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this *768Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with extortion and threatening another inmate. He was found guilty of both charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, testimony adduced at the hearing and…

2Cases cited2 opinions

  1. Odom v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
  2. Reyes v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006

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