Legal Opinion
Valdez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 2011PublishedCited by 4 opinions
1Opinion 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 charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of THC-50. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm.…
2Cases cited5 opinions
- Morales v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001
- Xao He Lu v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2010
- Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Shannon v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by4 opinions
- Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012