Legal Opinion

Daniel v. Fischer

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

Decided July 28, 2011PublishedCited by 9 opinions

1Opinion of the Court

Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of THC. He was found guilty of this charge at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the positive urinalysis test results and related documentation, as well as the testimony of the correction officer who conducted the test, provide substantial evidence supporting the determination of guilt…

2Cases cited8 opinions

  1. Reese v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  2. Coleman v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. McAdoo v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  5. Shabazz v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004

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

3Cited by9 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Martin v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Selah v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Telesford v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  5. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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

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