Legal Opinion

Cagle v. Fischer

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

Decided July 11, 2013PublishedCited by 13 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of THC. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior…

2Cases cited5 opinions

  1. Hyzer v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Figueroa v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Harris v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Coleman v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Hart v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by13 opinions

  1. Paddyfote v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Martinez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Bailey v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  4. Cobb v. YelichAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Roman v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

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