Ortiz v. Fischer
Appellate Division of the Supreme Court of the State of New York
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.
After his urine twice tested positive for the presence of cannabinoids, petitioner was issued a misbehavior report charging him with the use of a controlled substance. He was found guilty following a tier III disciplinary hearing. Petitioner’s administrative appeal was unavailing, after which he commenced this CPLR article 78 proceeding.
We confirm. The misbehavior…
2Cases cited8 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Brown v. TaylorAppellate Division of the Supreme Court of the State of New York · 2009
- Bermudez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Pettus v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Watson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Mitchell v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Kirshtein v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.