Legal Opinion

Davis v. Fischer

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

Decided May 22, 2008PublishedCited by 1 opinion

1Opinion of the Court

*1302Proceeding 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 charged in a misbehavior report with violating the prison disciplinary rules that prohibit conspiring to introduce drugs into the facility and soliciting others to smuggle drugs into the facility. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively…

2Cases cited3 opinions

  1. Fletcher v. SelskyAppellate Division of the Supreme Court of the State of New York · 1993
  2. Carter v. CoordAppellate Division of the Supreme Court of the State of New York · 1999
  3. Werner v. PhilipsAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. Matter of Stuart v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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