Legal Opinion

Hoskins v. Fischer

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

Decided March 13, 2008PublishedCited by 8 opinions

1Opinion of the Court

Having attempted to pass a cigarette pack containing seven Biaxin pills into another inmate’s prison cell, petitioner was charged in a misbehavior report with possession/exchange of unauthorized medication and unauthorized exchange of personal property. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding followed.

We confirm. The misbehavior report, the corroborating hearing testimony from the correction officer who authored it, and the hearing testimony from a…

2Cases cited4 opinions

  1. Morillo v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. McKinley v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  4. Matthews v. GoordAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. Ortega v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  2. Pine v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  3. Rivera v. Commissioner of DOCSAppellate Division of the Supreme Court of the State of New York · 2014
  4. MatterofOrtegavAnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  5. MatterofRiveravCommissionerofDOCSAppellate Division of the Supreme Court of the State of New York · 2014

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