Legal Opinion

Matter of Bouton v. Annucci

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

Decided December 8, 2016No. 522104PublishedCited by 7 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 finding 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 buprenorphine. Following a tier III disciplinary hearing, he was found guilty and the determination was affirmed on administrative appeal with modified penalties. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior…

2Cases cited11 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Hughes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  3. Graziano v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Matter of Sawyer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Christian v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014

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3Cited by7 opinions

  1. Matter of Medina v. Five Points Corr. FacilityAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Freeman v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Blunt v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Brown v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018
  5. Matter of Buggsward v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2018

2 more not listed; retrieve them via the Exa API.

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