Ramos v. Fischer

Appellate Division of the Supreme Court of New York

Ramos v. Fischer

77 A.D.3d 838, 909 N.Y.S.2d 371, 76 A.D.2d 1162, 907 N.Y.S.2d 717

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

DecidedOctober 19, 2010

StatusPublished

This text of 77 A.D.3d 838 (Ramos v. Fischer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ramos v. Fischer, 77 A.D.3d 838, 909 N.Y.S.2d 371, 76 A.D.2d 1162, 907 N.Y.S.2d 717 (N.Y. Ct. App. 2010).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Correctional Services dated December 9, 2008, which affirmed a determination of a hearing officer dated October 29, 2008, made after a tier III disciplinary hearing, finding the petitioner guilty of violating a prison disciplinary rule, and imposing a penalty.

Adjudged that the petition is granted and the determination is annulled, without costs or disbursements.

Under the unusual facts of this case, the hearing officer’s determination was not supported by substantial evidence (cf. Matter of Miller v DeBuono, 90 NY2d 783, 793 [1997]). Fisher, J.P., Dillon, Florio and Lott, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Correctional Services dated December 9, 2008, which affirmed a determination of a hearing officer dated October 29, 2008, made after a tier III disciplinary hearing, finding the petitioner guilty of violating a prison disciplinary rule, and imposing a penalty.

Adjudged that the petition is granted and the determination is annulled, without costs or disbursements.

Under the unusual facts of this case, the hearing officer’s determination was not supported by substantial evidence (cf. Matter of Miller v DeBuono, 90 NY2d 783, 793 [1997]). Fisher, J.P., Dillon, Florio and Lott, JJ., concur.

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Bluebook (online)

77 A.D.3d 838, 909 N.Y.S.2d 371, 76 A.D.2d 1162, 907 N.Y.S.2d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-fischer-nyappdiv-2010.

Opinion

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