Legal Opinion
Hernandez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2013PublishedCited by 8 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 certain prison disciplinary rules.
After petitioner’s urine twice tested positive for cannabinoid *1043and. cocaine, he was charged in a misbehavior report with drug use. At the conclusion of a tier III disciplinary hearing, the Hearing Officer found petitioner guilty of the charge. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.*
Initially,…
2Cases cited5 opinions
- Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Dillard v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Raqiyb v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Brown v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2010
- Watson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by8 opinions
- Matter of Telesford v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Safford v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Canzater-Smith v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Baxton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
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