Legal Opinion

Moss v. Prack

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

Decided September 29, 2011PublishedCited by 10 opinions

1Opinion of the Court

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 cannabinoids. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, positive urinalysis test results and related documentation, as well as the testimony of the author of the report and the SYVA representative, provide substantial evidence supporting the determination of guilt (see Matter…

2Cases cited6 opinions

  1. Coleman v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Stanford v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Frye v. Commissioner of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  4. Booker v. ArtusAppellate Division of the Supreme Court of the State of New York · 2008
  5. Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by10 opinions

  1. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Hyzer 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. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Davis v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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