Legal Opinion

Davis v. Goord

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

Decided June 17, 2004PublishedCited by 5 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

*855Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of opiates. Contrary to petitioner’s assertion, the urinalysis request forms establish, and the testimony confirms, that the urine sample was…

2Cases cited4 opinions

  1. Lahey v. KellyNew York Court of Appeals · 1987
  2. Victor v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  3. Shaffer v. HokeAppellate Division of the Supreme Court of the State of New York · 1991
  4. Lorino v. MurphyAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by5 opinions

  1. Thompson v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  2. Johnson v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Sheppard v. BezioAppellate Division of the Supreme Court of the State of New York · 2009
  4. Toney v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Matter of Carter v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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