Smith v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1084Proceeding 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 possessing a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, he was found guilty of this charge. After the determination was affirmed on administrative appeal, this CPLR article 78 proceeding ensued.
We confirm. The misbehavior…
2Cases cited6 opinions
- Khan v. New York State Department of HealthNew York Court of Appeals · 2001
- McAdoo v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Molina v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
- Crosby v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Moretti v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by7 opinions
- McGowan v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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- Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Giap v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
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