Legal Opinion

Berry v. Fischer

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

Decided November 18, 2010PublishedCited by 7 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 certain prison disciplinary rules.

Petitioner, a prison inmate, was served with a misbehavior report charging him with smuggling, unauthorized exchange, possession in an unauthorized area, tampering with property and correspondence violations. The report was issued after a laundry bag was discovered containing plastic gloves filled with tobacco and coffee accompanied by a note — the…

2Cases cited6 opinions

  1. Quartieri v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  2. Smiton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  3. Jackson v. FisCherAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hood v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  5. Mills v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by7 opinions

  1. Collins v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Christian v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
  3. Franza v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012
  4. Povataj v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2015

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