McFadden v. Prack
Cases that cite this one
17 later published cases cite this decision.
- Matter of Plaza v. Annucci (Appellate Division of the Supreme Court of New York 2019)
- Matter of Viera v. Annucci (Appellate Division of the Supreme Court of New York 2019)
- COLLINS, JUNIOR v. ANNUCCI, ANTHONY (Appellate Division of the Supreme Court of New York 2017)
- Matter of Washington v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Matter of Rosales v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- JOHNSON, LEROY v. LEMPKE, JOHN B. (Appellate Division of the Supreme Court of New York 2016)
- Johnson v. Lempke (Appellate Division of the Supreme Court of New York 2016)
- Johnson v. Lempke (Appellate Division of the Supreme Court of New York 2016)
- STEWART, RANDLOPH v. FISCHER, BRIAN (Appellate Division of the Supreme Court of New York 2013)
- Stewart v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Stewart v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- MURPHY, KAREEM v. GRAHAM, HAROLD D. (Appellate Division of the Supreme Court of New York 2012)
- RODRIGUEZ, ALBERTO v. FISCHER, BRIAN (Appellate Division of the Supreme Court of New York 2012)
- Rodriguez v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Rodriguez v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Murphy v. Graham (Appellate Division of the Supreme Court of New York 2012)
- Murphy v. Graham (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Cayuga County [Mark H. Fandrich, A.J.], entered September 22, 2011) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.
It is hereby ordered that the determination is unanimously modified on the law and the petition is granted in part by annulling that part of the determination finding that petitioner violated inmate rule 113.27 (7 NYCRR 270.2 [B] [14] [xvii]) and vacating the recommended loss of good time and as modified the determination is confirmed without costs, respondent is directed to expunge from petitioner’s institutional record all references to the violation of that inmate rule, and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated inmate rules 103.20 (7 NYCRR 270.2 [B] [4] [ii] [soliciting goods or ser
Contrary to petitioner’s further contention, the determination that he violated the remaining inmate rules is supported by substantial evidence (see generally People ex rel. Vega v Smith, 66 NY2d 130, 139 [1985]). Petitioner failed to exhaust his administrative remedies with respect to his contention that respondent improperly intercepted letters addressed to him inasmuch as he failed to raise that contention at his tier III hearing, “and this Court has no discretionary authority to reach that contention” (Matter of Fuentes v Fischer, 89 AD3d 1468 [2011]; see Matter of Nelson v Coughlin, 188 AD2d 1071, 1071 [1992], appeal dismissed 81 NY2d 834 [1993]). We have reviewed petitioner’s remaining contentions and conclude that they are without merit. Present — Scudder, P.J., Centra, Peradotto, Bindley and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.