Hyzer 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 a sample of his urine twice tested positive for the presence of THC, petitioner was charged in a misbehavior report with using a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
We…
2Cases cited6 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Bornstorff v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Henderson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by17 opinions
- Cagle v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Mullamphy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Creamer v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Epps v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
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