Legal Opinion
Vargas v. Bezio
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 2010PublishedCited by 7 opinions
1Opinion of the Court
Petitioner was charged with violating the prison disciplinary rule prohibiting the use of a controlled substance after a sample of his urine twice tested positive for the presence of THC. He was found guilty of this charge following a tier III disciplinary hearing. The determination was thereafter affirmed on administrative appeal with a modified penalty. 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 officers involved, provide substantial…
2Cases cited5 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Britt v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Victor v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Geraci v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Newsome v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Smith v. UngerAppellate Division of the Supreme Court of the State of New York · 2012
- Boyd v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Shannon v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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