Legal Opinion
Giap v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 4 opinions
1Opinion of the Court
After petitioner twice tested positive for marihuana, he was served with a misbehavior report charging him with drug use. A tier III disciplinary hearing ensued, after which petitioner was found guilty. Upon administrative appeal, the determination was affirmed, but the penalty assessed to petitioner was greatly reduced. He then commenced this CFLR article 78 proceeding to challenge both the determination and the penalty imposed.
We confirm. To the extent that petitioner argues that the determination was not supported by substantial evidence, the misbehavior report, positive drug tests and…
2Cases cited9 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- In the Matter of Westchester v. Board of Trustees of State University of New YorkNew York Court of Appeals · 2007
- Fontaine v. Superintendent of Southport Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2006
- Rivera v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Martinez v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- Matter of Clark v. JordanAppellate Division of the Supreme Court of the State of New York · 2023
- Bridgeforth v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Rampersant v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Agostini v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2023