Legal Opinion
Kearney v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 2008PublishedCited by 11 opinions
1Opinion of the Court
Proceeding 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.
During a routine cell bar check, an altered keyboard was confiscated from petitioner and secured in the facility’s contraband room. Based upon confidential information that was thereafter obtained, the keyboard was X-rayed and then taken apart, revealing two homemade plexiglás weapons which had been hidden inside. As a result, petitioner was charged in a…
2Cases cited3 opinions
- Wilson v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
- Davis v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
- Pulliam v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by11 opinions
- Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Moore v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Holmes v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Shepherd v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Gano v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
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