Legal Opinion
Smith v. Unger
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2012PublishedCited by 5 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 Commissioner of Corrections and Community Supervision 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 opiates. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR…
2Cases cited4 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Victor v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Vargas v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- Monje v. GeogheganAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Corp v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
- Guerrero v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2013
- Guerrero v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2013
- Monje v. GeogheganAppellate Division of the Supreme Court of the State of New York · 2013