Legal Opinion

Frazier v. Goord

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

Decided June 11, 1998PublishedCited by 17 opinions

1Opinion of the Court

—Appeal from a judgment of the Supreme Court (LaBuda, J.), entered September 3, 1997 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR *801article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after EMIT tests performed on two urine samples yielded positive results for the presence of cannabinoids. Petitioner failed to meet his burden of demonstrating that his urine…

2Cases cited5 opinions

  1. Lewis v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991
  2. Curry v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991
  3. Harrison v. SelskyAppellate Division of the Supreme Court of the State of New York · 1993
  4. Wyche v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  5. Holmes v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by17 opinions

  1. Graziano v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  2. De Shawn Smart v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  3. Foust v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  4. Van Dusen v. SelskyAppellate Division of the Supreme Court of the State of New York · 2005
  5. Zippo v. GoordAppellate Division of the Supreme Court of the State of New York · 2003

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