Legal Opinion
Matter of Howard v. Prack
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2016No. 521259PublishedCited 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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for THC. At the outset of the subsequent tier III disciplinary hearing, petitioner pleaded guilty to the charge with an explanation, contending that the drugs were used in order to help him cope with certain mental health…
2Cases cited6 opinions
- Austin v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Lashway v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Rosado v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1990
- Goberdhan v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Campbell v. BedardAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by2 opinions
- Matter of Sierra v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Turner v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016