Alicea v. Fischer
Cases that cite this one
7 later published cases cite this decision.
- Matter of Nance v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Alicea v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Alicea v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Canty v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Canty v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- 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)
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 this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was found guilty of violating the prison disciplinary rule prohibiting possession of gang-related material after a search of his property revealed numerous photographs and letters containing known gang signs and terminology. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding, which was transferred to this Court.
Initially, we are unpersuaded by petitioner’s contention that he received inadequate employee assistance. The record establishes that the Hearing Officer adjourned the hearing in order for the assistant to complete, among other things, her interviews with approximately 50 inmates that petitioner had listed as potential witnesses. Upon reconvening, petitioner acknowledged that the assistance was complete and that he was ready to proceed with the hearing. Moreover, any alleged inadequacies in the assistance provided was remedied at the
Petitioner’s remaining contentions have been examined and found to either constitute harmless error or are without merit.
Mercure, J.P, Lahtinen, Kavanagh, Stein and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.