Legal Opinion
Sterling v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2010PublishedCited by 9 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, was instructed to produce a urine sample for a random drug test and failed to do so within the allotted three hours, despite being permitted to consume an eight-ounce glass of water each hour. He was subsequently charged in a misbehavior report with a violation of urinalysis testing procedures and, after a tier III disciplinary…
2Cases cited4 opinions
- Credle v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
- Valerio v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2009
- Gomez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Fort v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by9 opinions
- Green v. BradtAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Baez v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Barclay v. ZolkoskyAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Stauffer v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
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