Legal Opinion

Dushane v. Fischer

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

Decided January 24, 2013PublishedCited by 3 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 was directed to provide a urine sample for testing, but claimed he could not do so at that time. Soon after, he was observed retrieving the finger of a latex glove filled with liquid by rolling it from the gallery floor into his cell. When he was asked what he had retrieved, he said “nothing” and flushed the liquid-filled finger down the toilet.…

2Cases cited4 opinions

  1. Billue v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Kae v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  3. Quinones v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Cole v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. Matter of McDay v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Weekes v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of You v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018

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