Polite v. Goord
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 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 marihuana. He was found guilty of *1001the charge following a tier III disciplinary hearing and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.
Initially, we reject…
2Cases cited6 opinions
- Victor v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Van Dusen v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
- Pollard v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Dunn v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Johnson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by7 opinions
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- Cobb v. YelichAppellate Division of the Supreme Court of the State of New York · 2014
- Ellison v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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