Legal Opinion
Xao He Lu v. New York State Department of Corrections
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2010PublishedCited by 9 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 the Commissioner of Correctional *1380Services 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 cannabinoids. He was found guilty of the charge following a tier III disciplinary hearing and that determination was later upheld on administrative appeal. This CPLR article 78…
2Cases cited4 opinions
- Geraci v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Booker v. ArtusAppellate Division of the Supreme Court of the State of New York · 2008
- Diaz v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
- Williams v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by9 opinions
- Monje v. GeogheganAppellate Division of the Supreme Court of the State of New York · 2013
- Ellison v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Muniz v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Henriquez v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
- Valdez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
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