Legal Opinion

Matter of Rodriquez v. Fischer

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

Decided April 21, 2016No. 521564PublishedCited by 3 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 finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was ordered to submit a urine specimen for testing and it twice tested positive for the presence of K2-2, synthetic marihuana. As a result, he was charged in a misbehavior report with using an intoxicant. Following a tier III disciplinary hearing at which he pleaded guilty to the charge, he was found guilty as charged and the determination was later…

2Cases cited7 opinions

  1. Khan v. New York State Department of HealthNew York Court of Appeals · 2001
  2. Merritt v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Green v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Matter of Kim v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Barnes v. VenetozziAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by3 opinions

  1. Matter of Reed v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Anderson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Nova v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2018

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