Legal Opinion

Castro v. Fischer

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

Decided February 10, 2011PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court (Sackett, J.), entered June 23, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion for a severance.

Following an investigation that revealed that petitioners, both prison inmates, had been observing female correction officers through a peep hole in a bathroom wall, they were served individual misbehavior reports charging them with stalking, creating a disturbance and harassing an employee. Following individual tier III disciplinary hearings, petitioner Daniel Castro was found guilty of all charges and…

2Cases cited5 opinions

  1. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  2. Saratoga Lake Protection & Improvement District v. Department of Public Works of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2007
  3. Finning v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Elcor Health Services, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  5. Pettersen v. Town of Fort AnnAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by5 opinions

  1. Abreu v. ParrishAppellate Division of the Supreme Court of the State of New York · 2012
  2. Greece Town Mall, L.P. v. New York StateAppellate Division of the Supreme Court of the State of New York · 2016
  3. Abreu v. ParrishAppellate Division of the Supreme Court of the State of New York · 2012
  4. Lally v. Johnson City Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
  5. Lally v. Johnson City Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2013

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