Legal Opinion

Morris-Hill v. Fischer

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

Decided March 7, 2013PublishedCited by 22 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 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 THC. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing, and the determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding…

2Cases cited3 opinions

  1. Alvarez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Caldwell v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  3. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by22 opinions

  1. Matter of Reyes v. KeyserAppellate Division of the Supreme Court of the State of New York · 2017
  2. Hand v. GutweinAppellate Division of the Supreme Court of the State of New York · 2014
  3. Johnson v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Allaway v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Payton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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