Legal Opinion

Benitez v. Fischer

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

Decided June 26, 2014PublishedCited by 8 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

*1238Petitioner, a prison inmate, commenced this proceeding challenging a disciplinary determination finding him guilty of drug use. The Attorney General has informed this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory surcharge has been…

2Cases cited2 opinions

  1. Pereira v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Marcial v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by8 opinions

  1. Hayes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Ramos v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  3. Dixon v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Dixon v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  5. Hayes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014

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