Neil v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1309Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of THC. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. The determination was later upheld on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation and the testimony adduced at the hearing, provide substantial evidence supporting the determination of guilt (see Matter…
2Cases cited6 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Coleman v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Frye v. Commissioner of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Molina v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by9 opinions
- Paddyfote v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Green v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Wade v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
4 more not listed; retrieve them via the Exa API.