Legal Opinion

Sowell v. Fischer

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

Decided April 24, 2014PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered May 8, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of refusing a direct order and disobeying frisk procedures after a February 2012 rehearing* of *1309a tier III prison disciplinary proceeding. In the course of the rehearing, the Hearing Officer had petitioner removed for being disruptive and, after petitioner refused the…

2Cases cited3 opinions

  1. Abreu v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  2. Weems v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by9 opinions

  1. Matter of Bouknight v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
  2. Kalwasinski v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Daniels v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Kalwasinski v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Barnes v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2024

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