Legal Opinion
Johnson v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2013PublishedCited by 13 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 a prison disciplinary rule.
Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
Petitioner argues that…
2Cases cited4 opinions
- Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Bornstorff v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Mobayed v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Vargas v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by13 opinions
- Mullamphy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Creamer v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
- Rosario v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Mateos v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
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