Pujals v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Following a urinalysis test that produced a positive result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting drug use. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of the charge and that determination was upheld on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, test results and other supporting documentation provide substantial evidence supporting the determination of guilt (see Matter of Hill v Smith, 73 AD3d 1418, 1418 [2010];…
2Cases cited9 opinions
- Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
- Colon v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Hill v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
- McCorkle v. BennettAppellate Division of the Supreme Court of the State of New York · 2004
- Martinez v. GoordAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by15 opinions
- Argentina v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Jay v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Macedonio v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Sierra v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Perez v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2020
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