Legal Opinion
Hayes v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 2010PublishedCited 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 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. The determina*1361tion was later affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
We…
2Cases cited6 opinions
- Spirles v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Brown v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- Frye v. Commissioner of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Mullen v. Superintendent of Southport Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2006
- Polite v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Moss v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Wilson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Matthews v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Rodriguez v. LeeAppellate Division of the Supreme Court of the State of New York · 2018
- Wilson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017