Legal Opinion
Ayrhart v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 2012PublishedCited by 10 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 determi*1311nation of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with the use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Petitioner pleaded guilty to the charge with the explanation that he was exposed to heavy secondhand smoke as a result of other inmates smoking in the dorm showers. The Hearing Officer rejected petitioner’s…
2Cases cited4 opinions
- McMoore v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
- Perez v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Shannon v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Singleton v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by10 opinions
- Tingling v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Fields v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Perez v. BezioAppellate Division of the Supreme Court of the State of New York · 2012
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Fields v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
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