Legal Opinion

Matter of Garcia v. Prack

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

Decided May 21, 2015No. 519043PublishedCited by 10 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (McDonough, J.), entered May 1, 2014 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for cannabis. Following a tier III disciplinary hearing, petitioner was found guilty and the determination was affirmed upon administrative appeal. Petitioner…

2Cases cited5 opinions

  1. Jackson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  2. Cepeda v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Alsaifullah v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  4. Thurmond v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Rupnarine v. PrackAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by10 opinions

  1. Schulz v. CuomoAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Weston v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Harold (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Bermudez v. GriffinAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Micolo v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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