Legal Opinion

De Shawn Smart v. Goord

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

Decided November 4, 1999PublishedCited by 10 opinions

1Opinion of the Court

—Peters, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after two tests performed on a urine sample submitted by petitioner following a family reunion visit tested positive for the presence of cannabinoids. In our view, the misbehavior report,…

2Cases cited5 opinions

  1. Couch v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  2. Kussius v. WalkerAppellate Division of the Supreme Court of the State of New York · 1998
  3. Frazier v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  4. Rowe v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  5. Samuels v. GoordAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by10 opinions

  1. Knight v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Grochulski v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
  3. Mercado v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  4. Kitchens v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Castaldo v. GoordAppellate Division of the Supreme Court of the State of New York · 2001

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