Legal Opinion

Curry v. Fischer

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

Decided March 8, 2012PublishedCited by 23 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 cocaine and opiates. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding.

We…

2Cases cited4 opinions

  1. Smith v. DubrayAppellate Division of the Supreme Court of the State of New York · 2009
  2. Figueroa v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Geraci v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Lunney v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by23 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Donahue v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Henderson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Coons v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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