Legal Opinion

Redmond v. Fischer

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

Decided April 24, 2014PublishedCited by 2 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 certain prison disciplinary rules.

Petitioner did not provide a urine specimen for testing, as he was ordered to do, despite being given three eight-ounce glasses of water and three hours within which to provide a specimen. He was charged in a misbehavior report with refusing a direct order and violating urinalysis testing procedures, was found guilty of the charges following a tier III…

2Cases cited2 opinions

  1. Credle v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  2. Becker v. GoordAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by2 opinions

  1. Matter of Smith v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Vega v. PrackAppellate Division of the Supreme Court of the State of New York · 2016

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