Legal Opinion
Garcia v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2009PublishedCited by 6 opinions
1Opinion of the Court
*1312Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of opiates. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
Initially, petitioner contends that the determination at issue is not supported by substantial evidence. He takes particular issue with inaccuracies in the calibration numbers appearing on the urinalysis procedure form. The record discloses that…
2Cases cited4 opinions
- Graziano v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Samuel v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
- Muniz v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
- Costner v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by6 opinions
- Faraldo v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- White 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
- Matter of Finnegan v. LamannaAppellate Division of the Supreme Court of the State of New York · 2020
- Cushing-Gale v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
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