Matter of Benitez v. Annucci
Appellate Division of the Supreme Court of the State of New York
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 finding petitioner guilty of violating a prison disciplinary rule.
After a sample of his urine twice tested positive for the presence of cannabinoids, petitioner was charged in a misbehavior report with using a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and the determination was later affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article…
2Cases cited7 opinions
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- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Williams v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Walker v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Crosby v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
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- Matter of Rodriguez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Anselmo v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
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