Legal Opinion

Stauffer v. Prack

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

Decided March 17, 2011PublishedCited by 2 opinions

1Opinion of the Court

When petitioner, a prison inmate, was ordered to provide a urine sample and claimed to be unable to do so after a three-hour period, he was served with a misbehavior report. Following a tier III disciplinary hearing, he was found guilty of a urinalysis testing violation and that determination was affirmed on administrative appeal. Thereafter, petitioner commenced this CPLR article 78 proceeding.

*1443We confirm. The misbehavior report, along with the testimony of petitioner, the correction officer who directed petitioner to provide the sample and facility medical personnel, provide substantial…

2Cases cited5 opinions

  1. Moore v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Sterling v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Young v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
  4. Capocetta v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Duffy v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Matter of Baez v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Ramos v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017

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