Legal Opinion

Geraci v. Fischer

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

Decided June 25, 2009PublishedCited by 11 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 his urine twice tested positive for the *1468presence of opiates. He was found guilty of the charge following a tier III disciplinary hearing. The determination was affirmed on administrative appeal with a modified penalty. This CLPR article 78 proceeding ensued.

We confirm. The…

2Cases cited2 opinions

  1. Marino v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  2. Livingston v. FischerAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by11 opinions

  1. Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Tavarez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  4. Joseph v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Xao He Lu v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2010

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