Bilal v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Initially, the Attorney General concedes, and we agree, that petitioner’s mental health status was at issue with regard to the incident involving the razor and, therefore, the Hearing Officer erred in denying certain testimony regarding his mental condition (see 7 NYCRR 254.6; Matter of Abreu v Fischer, 87 AD3d 1241, 1241 [2011]). Accordingly, that part of the determination finding petitioner guilty of possession of a weapon and an altered item, interference and refusing a direct order must be *1047annulled and references thereto expunged from his institutional record (see Matter of Abreu v…
2Cases cited8 opinions
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Sierra v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Cole v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Arrington v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2011
- Abreu v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Matter of Bartello v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Franza v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Marhone v. SchuckAppellate Division of the Supreme Court of the State of New York · 2016
- Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
7 more not listed; retrieve them via the Exa API.