penalty on the remaining violation (New York) · Go Syfert
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penalty on the remaining violation in New York

8 New York opinions name it 1 courts 2013–2017 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Sylvester v. Fischergreen
nyappdiv · 2013 · cited in 4 New York opinions naming this issue, 2014–2014
2 sentences

2014Inasmuch as petitioner has already served the penalty and a loss of good time was not imposed, the matter need not be remitted for a redetermination of the penalty on the remaining violation under this misbehavior report (see Matter of Sylvester v Fischer, 108 AD3d 951, 952 [2013]).

2014Inasmuch as petitioner has already served the penalty and a loss of good time was not imposed, the matter need not be remitted for a redetermination of the penalty on the remaining violation under this misbehavior report (see Matter of Sylvester v Fischer, 108 AD3d 951, 952 [2013]).

44
Ayala v. Fischergreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014However, petitioner’s claims that he was improperly denied documentary evidence or witnesses at the tier III hearing were not raised either at the hearing or on administrative appeal and, therefore, they have been waived (see Matter of Ayala v Fischer, 94 AD3d 1319, 1320 [2012]).

2014However, petitioner’s claims that he was improperly denied documentary evidence or witnesses at the tier III hearing were not raised either at the hearing or on administrative appeal and, therefore, they have been waived (see Matter of Ayala v Fischer, 94 AD3d 1319, 1320 [2012]).

22
Nieves v. Venettozzigreen
nyappdiv · 2013 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013As petitioner has already served his penalty and no loss of good time was imposed, we need not remit the matter for a redetermination of the penalty on the remaining violation (see Matter of Nieves v Venettozzi, 102 AD3d 1027, 1027 [2013], lv denied 21 NY3d 852 [2013]).

2013As petitioner has already served his penalty and no loss of good time was imposed, we need not remit the matter for a redetermination of the penalty on the remaining violation (see Matter of Nieves v Venettozzi, 102 AD3d 1027, 1027 [2013], lv denied 21 NY3d 852 [2013]).

22
Hinton v. Fischergreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Contrary to petitioner’s claim, he was not improperly denied the right to call either his aunt or two investigators as witnesses as they did not have personal knowledge of the incident and their testimony would have been irrelevant to whether petitioner’s conduct constituted harassment (see Matter of Hinton v Fischer, 108 AD3d 1000, 1001 [2013]; Matter of Burr v Fischer, 95 AD3d 1538, 1538 [2012], lv denied 19 NY3d 811 [2012]).

11
Burr v. Fischergreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Contrary to petitioner’s claim, he was not improperly denied the right to call either his aunt or two investigators as witnesses as they did not have personal knowledge of the incident and their testimony would have been irrelevant to whether petitioner’s conduct constituted harassment (see Matter of Hinton v Fischer, 108 AD3d 1000, 1001 [2013]; Matter of Burr v Fischer, 95 AD3d 1538, 1538 [2012], lv denied 19 NY3d 811 [2012]).

11
Matter of Simmons v. LaValleygreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Thus, that part of the determination finding petitioner guilty of stalking and interfering with an employee must be annulled, but, as no loss of good time was imposed and petitioner has already served the penalty, the matter need not be remitted for a redetermination of the penalty on the remaining violation (see Matter of Simmons v LaValley, 130 AD3d 1126, 1127 [2015]; Matter of Belot v Selsky, 56 AD3d 911 , 912 [2008]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Jones v. Fischer green
nyappdiv · 2013
2 sentences

2014Turning to the denial of petitioner’s grievance, our review is limited to whether such determination was arbitrary and capricious, irrational or affected by an error of law (see Matter of Hutchinson v Fischer, 112 AD3d 1245 , 1245 [2013], lv denied 23 NY3d 903 [2014]; Matter of Jones v Fischer, 110 AD3d 1295 , 1296 [2013], appeal dismissed 23 NY3d 955 [2014]).

2014Turning to the denial of petitioner’s grievance, our review is limited to whether such determination was arbitrary and capricious, irrational or affected by an error of law (see Matter of Hutchinson v Fischer, 112 AD3d 1245 , 1245 [2013], lv denied 23 NY3d 903 [2014]; Matter of Jones v Fischer, 110 AD3d 1295 , 1296 [2013], appeal dismissed 23 NY3d 955 [2014]).

22014–2014
Hutchinson v. Fischer green
nyappdiv · 2013
2 sentences

2014Turning to the denial of petitioner’s grievance, our review is limited to whether such determination was arbitrary and capricious, irrational or affected by an error of law (see Matter of Hutchinson v Fischer, 112 AD3d 1245 , 1245 [2013], lv denied 23 NY3d 903 [2014]; Matter of Jones v Fischer, 110 AD3d 1295 , 1296 [2013], appeal dismissed 23 NY3d 955 [2014]).

2014Turning to the denial of petitioner’s grievance, our review is limited to whether such determination was arbitrary and capricious, irrational or affected by an error of law (see Matter of Hutchinson v Fischer, 112 AD3d 1245 , 1245 [2013], lv denied 23 NY3d 903 [2014]; Matter of Jones v Fischer, 110 AD3d 1295 , 1296 [2013], appeal dismissed 23 NY3d 955 [2014]).

22014–2014
Jones v. Fischer green
ny · 2014
2 sentences

2014Turning to the denial of petitioner’s grievance, our review is limited to whether such determination was arbitrary and capricious, irrational or affected by an error of law (see Matter of Hutchinson v Fischer, 112 AD3d 1245 , 1245 [2013], lv denied 23 NY3d 903 [2014]; Matter of Jones v Fischer, 110 AD3d 1295 , 1296 [2013], appeal dismissed 23 NY3d 955 [2014]).

2014Turning to the denial of petitioner’s grievance, our review is limited to whether such determination was arbitrary and capricious, irrational or affected by an error of law (see Matter of Hutchinson v Fischer, 112 AD3d 1245 , 1245 [2013], lv denied 23 NY3d 903 [2014]; Matter of Jones v Fischer, 110 AD3d 1295 , 1296 [2013], appeal dismissed 23 NY3d 955 [2014]).

22014–2014
Brooks v. Unger green
nyappdiv · 2013
1 sentence

2015Ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as dismissed that part of the petition seeking to annul the determination of guilt with respect to the charge of refusing a direct order; petition granted to that extent, that part of the determination annulled, respon *1266 dent is directed to expunge all references to this charge from petitioner’s institutional record, and matter remitted to respondent for an administrative redetermination of the penalty on the remaining violation; and, as so modified, affirmed. * Although the petition raises a que

12015–2015

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