Legal Opinion

Matter of Harvey v. Prack

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

Decided October 5, 2016No. 2015-01575PublishedCited by 2 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determi nation of the Acting Director of Special Housing/Inmate Disciplinary Program, on behalf of Brian Fischer, as Commissioner of the New York State Department of Corrections and Community Supervision, dated June 16, 2014, which affirmed a determination of a hearing officer dated April 14, 2014, made after a tier III disciplinary hearing, that the petitioner was guilty of violating prison disciplinary rule 113.10 (7 NYCRR 270.2 [B] [14] [i]), and imposed penalties.

Adjudged that the petition is granted, without costs or disbursements, the…

2Cases cited9 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Nieves v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  4. Marshall v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Stallone v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by2 opinions

  1. Harvey v. MelvilleDistrict Court, S.D. New York · 2020
  2. Matter of Cumberland v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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