Legal Opinion
Osorio v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 2011PublishedCited by 4 opinions
1Opinion of the Court
Petitioner was charged in a misbehavior report with smuggling, conspiring to sell drugs and forwarding calls to third parties. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
Petitioner pleaded guilty to forwarding calls to third parties. Therefore, he is precluded from challenging the part of the determination finding him guilty of this charge (see Matter of Correnti v Fischer, 83 AD3d 1354, 1354 [2011]; Matter of Martinez v Fischer, 82 AD3d 1380, 1380 [2011]). As…
2Cases cited5 opinions
- Martinez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Minton v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Correnti v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Hernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Wilcox v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by4 opinions
- Matter of Bailey v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Turner v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Devaughn v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
- Turner v. FischerAppellate Division of the Supreme Court of the State of New York · 2012