Legal Opinion
Almonte v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided February 11, 2010PublishedCited by 5 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 marihuana. Following a tier III disciplinary hearing, petitioner was found guilty as charged. This determination was affirmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.
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2Cases cited6 opinions
- Webb v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
- Sweet v. R. WoodsAppellate Division of the Supreme Court of the State of New York · 2009
- Prentiss v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Murray v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Allen v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by5 opinions
- Matter of Williams v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Girard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Sierra v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Burch v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Cuppuccino v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022