Legal Opinion

Mannino v. Fischer

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

Decided January 24, 2013Published

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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

In accordance with the procedures governing family reunion visits, petitioner provided a urine specimen, known as a “B” sample, just prior to the visit. He provided another specimen, known as a “C” sample, after the visit. A correction officer performed two urinalysis tests on the “C” sample and the…

2Cases cited3 opinions

  1. Smart v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  2. Henriquez v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  3. Castaldo v. GoordAppellate Division of the Supreme Court of the State of New York · 2001

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