Legal Opinion
Gittens v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2012PublishedCited 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 Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner posted a cartoon on the wall of his prison cell that depicted a person making hand gestures believed to be gang-related. As a result, petitioner was charged in a misbehavior report with possessing gang-related material. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative…
2Cases cited4 opinions
- Rodriguez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Jenkins v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Ayala v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Watson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by8 opinions
- Matter of Patterson v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
- Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Madison v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Hyatt v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Torres v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
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