Legal Opinion
Freeman v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 2008PublishedCited by 3 opinions
1Opinion of the CourtSpain, J.
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 challenges a determination finding him guilty of committing an unhygienic act and disobeying a direct order for an incident in which he was observed urinating on his cell door. We confirm. The misbehavior report and petitioner’s own admission that he was, indeed, urinating in his cell provide substantial evidence to support the determination of…
2Cases cited6 opinions
- Bates v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Kearney v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Farrell v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Lamage v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Finley v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by3 opinions
- Matter of Sanchez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Nelson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019