Legal Opinion
Matter of Grate v. Annucci
Appellate Division of the Supreme Court of the State of New York
Decided July 27, 2017No. 524175PublishedCited by 3 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 finding petitioner guilty of violating a prison disciplinary rule.
After petitioner’s urine specimen twice tested positive for K2, known as synthetic marihuana, he was charged in a misbehavior report with using or being under the influence of an intoxicant. Following a tier III disciplinary hearing, he was found guilty as charged and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.
We…
2Cases cited6 opinions
- Matter of Austin v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Bailey v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Streeter v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Shepherd v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Simpson v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017
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3Cited by3 opinions
- Matter of Robinson v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Ballard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of D'Andrea v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022