Polite v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petitioner, a prison inmate, was required to submit to a drug test and his urine twice tested positive for cannabinoids. Accordingly, he was served with a misbehavior report charging him with drug use and, following a tier III disciplinary hearing, he was convicted of that charge. The determination was upheld on administrative appeal with a reduced penalty, after which petitioner commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, supporting documentation, positive test results and testimony from the correction officer who performed the tests provide substantial…
2Cases cited6 opinions
- Hughes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Key v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Weems v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Piper v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by6 opinions
- Faraldo v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- Bilal v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Nelson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Lashway v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Sheller v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.