Legal Opinion

Ponder v. Fischer

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

Decided September 11, 2008PublishedCited by 8 opinions

1Opinion of the Court

*1095Proceeding 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, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of fighting, assaulting an inmate and engaging in violent conduct. Upon review, the misbehavior report, as amplified by the hearing testimony from the correction officer who authored it, provides substantial evidence to…

2Cases cited3 opinions

  1. Vines v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Carini v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Harrison v. M. BertoneAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by8 opinions

  1. Matter of Chandler v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Legeros v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Grant v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
  5. Stone v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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