Legal Opinion

Horace v. Fischer

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

Decided September 13, 2012Published

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.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the $5 mandatory surcharge has been…

2Cases cited3 opinions

  1. Torres v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  2. Garner v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  3. Abdul-Malik v. PalinAppellate Division of the Supreme Court of the State of New York · 2011

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