Legal Opinion

Gomez v. Fischer

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

Decided November 23, 2011PublishedCited by 20 opinions

1Opinion of the Court

Petitioner, a prison inmate, was served with a misbehavior report charging him with threats, violent conduct, fighting and gang activity after confidential information was received that he was organizing a gang fight in the yard. Following a tier III disciplinary hearing, petitioner was found guilty of all charges except fighting. That determination was affirmed on administrative appeal, after which petitioner commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the correction officer who conducted the investigation and confidential information provide…

2Cases cited10 opinions

  1. Phipps v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Taylor v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Dennis v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  4. Weems v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by20 opinions

  1. Matthews v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Best v. LarkinAppellate Division of the Supreme Court of the State of New York · 2014
  3. Rouse v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. James v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  5. Smythe v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

15 more not listed; retrieve them via the Exa API.

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