Legal Opinion

Johnson 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

*1370Proceeding 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, a prison inmate, was served with a misbehavior report charging him with using a controlled substance after his urine sample twice tested positive for cannabinoids. Following a tier III disciplinary hearing, he was found guilty and that determination was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.

We…

2Cases cited4 opinions

  1. White v. Superintendent of Wyoming Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2010
  2. Smart v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Duffy v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Karapetian v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by5 opinions

  1. Paddyfote v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Merritt v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Merritt v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Paddyfote v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

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