Legal Opinion

Canty v. Fischer

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

Decided June 13, 2013PublishedCited by 6 opinions

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.

*1195Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order, harassment and participating in a demonstration as charged in a misbehavior report. On administrative appeal, the determination was modified by, among other things, dismissing all but the charge of harassment. Petitioner then commenced this CPLR article 78 proceeding…

2Cases cited4 opinions

  1. Velasco v. SelskyAppellate Division of the Supreme Court of the State of New York · 1995
  2. Lashway v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Alicea v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Hendricks v. State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Matter of Nance v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Rupnarine v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Gross v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  4. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2015
  5. Rupnarine v. PrackAppellate Division of the Supreme Court of the State of New York · 2014

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