Legal Opinion

White v. Fischer

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

Decided May 24, 2012PublishedCited by 18 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.

As a result of his failure to provide a urine sample for testing, *1583petitioner was charged in a misbehavior report with refusing a direct order and violating urinalysis testing procedures. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78…

2Cases cited5 opinions

  1. Hoover v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. Credle v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
  3. Marino v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  4. Becker v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  5. Sital v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by18 opinions

  1. Amaker v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  3. Fernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Bekka v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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