Legal Opinion

Stallone v. Fischer

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

Decided September 15, 2009PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Leventhal, J.

These appeals, which arise from the denial of a petition brought pursuant to CPLR article 78, raise numerous issues regarding due process afforded inmates in disciplinary hearings. The petitioner, an inmate, was found after an initial tier III *127disciplinary hearing to have violated various institutional rules. He administratively appealed that determination to the New York State Department of Correctional Services (hereinafter DOCS), and sought reversal and a rehearing or expungement. On administrative appeal, the determination of the hearing officer was…

2Cases cited10 opinions

  1. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  2. Laureano v. KuhlmannNew York Court of Appeals · 1990
  3. MATTER OF BARNES v. LeFevreNew York Court of Appeals · 1986
  4. Alvarez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  5. Dawes v. CoughlinNew York Court of Appeals · 1994

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3Cited by10 opinions

  1. Vaughn v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2010
  2. Marshall v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Hyatt v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  4. Tolliver v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Matter of Harvey v. PrackAppellate Division of the Supreme Court of the State of New York · 2016

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