Legal Opinion

Kussius v. Walker

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

Decided February 4, 1998PublishedCited by 19 opinions

1Opinion of the Court

Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, petitioner challenges a prison disciplinary determination finding him guilty of drug use and failure to comply with Family Reunion Program guidelines. The charges were based on the positive results of two EMIT tests. Petitioner contends that proper drug testing procedures were not followed; that there are irregularities and alterations on the testing documents; that petitioner was improperly denied access to documentary evidence; that the Hearing Officer improperly relied…

2Cases cited8 opinions

  1. Lahey v. KellyNew York Court of Appeals · 1987
  2. Berrios v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
  3. Frazier v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  4. Sweet v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  5. Montalalou v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by19 opinions

  1. De Shawn Smart v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  2. Foust v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  3. Davis v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. Anderson v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  5. Juzwa v. GoordAppellate Division of the Supreme Court of the State of New York · 1999

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