Legal Opinion

Matter of Baez v. Venettozzi

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

Decided November 9, 2017No. 524636PublishedCited by 8 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 the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was ordered by a correction officer to produce a urine sample. When petitioner failed to provide a specimen within the required three-hour period (see 7 NYCRR 1020.4 [d] [4]), he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis testing…

2Cases cited5 opinions

  1. Matter of Sanchez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  2. Sterling v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Infante v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  5. Stauffer v. PrackAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by8 opinions

  1. Matter of Covington v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
  2. Matter of Credell v. HurtAppellate Division of the Supreme Court of the State of New York · 2018
  3. Matter of Flynn v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Harriott v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Ortiz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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