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In the Matter of Jevon Henry, Appellant,v.Brian Fischer,, Respondent.

Brief

24 Cited authorities

  1. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 19,205 times   5 Legal Analyses
    Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser

  2. Watergate v. Buffalo Sewer

    46 N.Y.2d 52 (N.Y. 1978)   Cited 671 times
    Holding that "one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law"

  3. Bingham v. New York City Transit Auth.

    99 N.Y.2d 355 (N.Y. 2003)   Cited 75 times

    13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

  4. Matter of Barnes v. LeFevre

    69 N.Y.2d 649 (N.Y. 1986)   Cited 75 times
    In Matter of Barnes v LeFevre (69 NY2d 649 [1986]), interpreting 7 NYCRR 254.5, we held that when a requested witness refuses to testify and "the record does not reflect any reason for the... refusal to testify, or that any inquiry was made of him [or her] as to why he [or she] refused or that the hearing officer communicated with the witness to verify his [or her] refusal to testify, there has been a denial of the inmate's right to call witnesses as provided in the regulations" (Barnes, 69 NY2d at 650).

  5. Doe v. Marsh

    105 F.3d 106 (2d Cir. 1997)   Cited 47 times
    Holding that the plaintiff waived his right to privacy by entering into a settlement agreement that he knew would become a matter of public record

  6. Sowa v. Looney

    23 N.Y.2d 329 (N.Y. 1968)   Cited 106 times

    Argued October 14, 1968 Decided December 11, 1968 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department. Morris H. Schneider, County Attorney ( Seymour S. Ross of counsel), for appellants. James G. Blake for respondent. JASEN, J. This is an article 78 proceeding to review a determination by the Commissioner of the Nassau County Police Department dismissing petitioner from the police department. Complainant, a 21-year-old woman, was driving along a lonely road in

  7. Morales v. Fischer

    89 A.D.3d 1346 (N.Y. App. Div. 2011)   Cited 17 times

    2011-11-23 In the Matter of Gustavo MORALES, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent. Gustavo Morales, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent. Gustavo Morales, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent. Before: PETERS, J.P., SPAIN, MALONE JR., McCARTHY and GARRY, JJ. Proceeding

  8. Moye v. Fischer

    93 A.D.3d 1006 (N.Y. App. Div. 2012)   Cited 9 times
    In Moye there was no explanation in the record with regard to the reasons why certain inmates refused to testify at the hearing.

  9.  Correnti v. Prack

    93 A.D.3d 970 (N.Y. App. Div. 2012)   Cited 5 times

    2012-03-8 In the Matter of Anthony CORRENTI, Appellant, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent. Anthony Correnti, Collins, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent. Anthony Correnti, Collins, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent. Appeal from a judgment of the Supreme Court (Connolly, J.), entered March 3

  10. In re Randolph Jamison

    78 A.D.3d 1466 (N.Y. App. Div. 2010)   Cited 5 times

    No. 509782. November 24, 2010. Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 9, 2010 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating certain disciplinary rules. Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for appellant. Donna H. Lee, New York City, for respondent. Before: Rose, J.P., Lahtinen, McCarthy and Garry

  11. Section 5501 - Scope of review

    N.Y. CPLR 5501   Cited 7,192 times   2 Legal Analyses
    Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”

  12. Section 4017 - Objections

    N.Y. CPLR 4017   Cited 162 times

    Formal exceptions to rulings of the court are unnecessary. At the time a ruling or order of the court is requested or made a party shall make known the action which he requests the court to take or, if he has not already indicated it, his objection to the action of the court. Failure to so make known objections, as prescribed in this section or in section 4110-b, may restrict review upon appeal in accordance with paragraphs three and four of subdivision (a) of section 5501. N.Y. CPLR 4017