Ellison v. Fischer
Appellate Division of the Supreme Court of the State of New York
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.
When his urine twice tested positive for the presence of cannabinoids, petitioner, a prison inmate, was served with a misbehavior report charging him with drug use. Following a tier III disciplinary hearing, he was found guilty and that determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding and we now confirm.
2Cases cited6 opinions
- Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Walker v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Xao He Lu v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2010
- Covington v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Encarnacion v. BellnierAppellate Division of the Supreme Court of the State of New York · 2011
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Hart v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Mobayed v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Henriquez v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.