Legal Opinion

Sabater v. Selsky

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

Decided February 26, 2004PublishedCited by 2 opinions

1Opinion of the Court

*706Proceeding 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 found guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. We are unpersuaded by petitioner’s contention that the misbehavior report did not comply with 7 NYCRR 251-3.1 because the reporting correction officer failed to…

2Cases cited4 opinions

  1. Ciotoli v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  2. Victor v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  3. Moore v. RabideauAppellate Division of the Supreme Court of the State of New York · 1998
  4. Uttinger v. GoordAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. Mohammad v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Caraway v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

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