Legal Opinion
Capocetta v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2010PublishedCited by 4 opinions
1Opinion of the CourtStein, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review three determinations of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in three misbehavior reports, dated February 6, 2009, February 27, 2009 and March 23, 2009, with noncompliance with urinalysis testing procedures when he failed to provide a urine sample on three occasions. Following three separate tier III disciplinary hearings, petitioner was found guilty as charged. These determinations were affirmed…
2Cases cited7 opinions
- Credle v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
- Becker v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- McIver v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Infante v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
- Shun Zhong v. SelskyAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by4 opinions
- Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Duffy v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Stauffer v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Katsanos v. PrackAppellate Division of the Supreme Court of the State of New York · 2016